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<br />~ HAL NOTARy-State 01 Nebraska <br />j;ENE RiMAN <br />. VICiOR1A MA~c~15 2009 <br />. My Comm. Exp. ' . <br /> <br />Fmm: <br /> <br /> <br />11/0612007 15:25 <br /> <br />11474 p, D1 1/025 <br /> <br />200709864 <br /> <br />(g) Reconveyance, Upon payment of all SumS secured by this Deed of Trust, Lender shall require a Trustee to <br />reconvey the Property and shall sU1'1'cnder this Deed of Trust and "II notes evidencing indebtedness secured by this <br />Deed of Trust to Trustee. Tru.tee shall reconvey the Property without warranty and without charge to the person 01' <br />person. legally entitled thereto, Tru.tor shall pay all costs ofreco"dation, ifany, <br />(h) P.rsonal Property; Security Agreement, As additional security tor the payment of the Note, Trustor hereby <br />gmnts Lender lwder the Nebraska Uniform Comlnorcial Code a .eourity interest in all fixtures, equipment, and other <br />personal property used in oonnection with the real estate or improvements loc"ted thereon, and 1I0t otherwise <br />declared Or deemed to be a part of the real estate secured her"by, This instrwllellt shall be construed as a Security <br />Agreement under said Cade, and the Lender shall have all the rights 'and remedies of a .ecurcd party under said Code <br />ill additioll to lbe rights and remedies created under and aocorded the Lender pursuant to this Deed ofTrusl; provided <br />that Lender's rights and remedies under this paragraph shall be cwnulative with, and in no way a limitation on, <br />Lender's rights and comedies under any other security agreement signed by Borrower 01' Trustor. <br />(i) Liens and Encumbrances, Trustor hereby WalTOnts and represent. that there is no defmdt under the provisions of <br />any mortg"ge, deed of trusl, lcase 01' purchase contraot describing all or any part of the Properly, or other oontract, <br />inslrument 01' agreement constituting" Iicn or encumbrance against all or any part of the Property (collectively, <br />"Liens"), cxisting"s of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as <br />disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall <br />timely perform all of Trustor's obligations, covenants, representations and warranties WIder any and all existing and <br />future Lions, shall promptly forward to Lend"r copies of all notices of default sent in connection with any and all <br />existing or future Liens, and. shall not without Lender's prior written consent in any manner modifY the provisions of <br />or allow any future advances WIder any existing or future Liens. <br />(j) Application of Payments, Unless otherwise required by law, sums paid to Lender hereundcr, including without <br />limitation payments of principal and interest, insuranee proceeds, condemnation proceeds and rents and profits, shall <br />be applied by Lender to the amounts due and owing from Trustor and Borrower in sueh order as Lender in its sole <br />discretion deems desirable, <br />(k) SfverabililY, If any provision of this .Deed uf Trust conflicts with applicable bw 01' is declarcd invaliJ 0' <br />otherwise unenforceable, such conflict or iuvalidity shall not affect the other provisions of this Deed of Trust or tbe <br />Note wbioh can bo giWll effect without the conflicling provision, and to this cnd the provisions of this Deed o['['rust <br />and the Note are declm'ed to be SCye, able, <br />(I) Terms The terms "Trustor" and "Bor' owe," shall include botb singular and plural, and when the Trustor and <br />Borrower a) e the same person(s), those terms aa used "'this Deed of Trust ahall be mtcrchangeable, <br />(m) Govemmg Law, This DeeJ of Trust .hall be governed by the lawa of the State of Nebraska, <br /> <br /> <br />bed and sworn to <br />this 8th day of <br />2007 by Gary J Nickel <br />Development of Grand Islan <br />a Neb LLC <br /> <br />Stephen D Tebo, Managing Mcmbcr <br /> <br />~ ( oll,t'bO <br />STATE OF N>tnmnr" '\)(:1'-' <br />J.;~~; <br />COUNTY OF <br /> <br />58.. <br /> <br />The loregoing Deed of Trust was acknowledged before me this ~_m~t!!....... day of November <br />~ by 60fY d ,1>.1..1, ]',1""..ging M....L....-oI Stephen D ,"cbo, Managing Member ofl'IC <br />Devolopmcnt of Grand bland, LLC a. N~braska Limited Liability Company <br /> <br />7i;pCk~ !~cJ'vl R <br /> <br />mj 0.){,()iY\1S.) li1i'i\.- !VI( P \ ( e..s, <br />4 ~L it'\;;) <br /> <br />STATE OF <br /> <br />SS.. <br /> <br />COUNTY OF <br /> <br />The forogoing Deed of Trust Was acknowledged before me thia <br />_by <br /> <br />d.yof <br /> <br />14109.CV(IOI07l <br /> <br />Notary Public <br />P'gc4of4 <br /> <br />:3:30ib4~ <br /> <br />GOTO(OOl 1')14<) <br />