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200802659
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200802659
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Last modified
3/31/2008 4:12:28 PM
Creation date
3/31/2008 4:12:26 PM
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DEEDS
Inst Number
200802659
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<br />200802659 <br /> <br />shall hereafter be repealed or cease to be in force, such law shall not thereafter be deemed to <br />preclude the application of this Section. Borrower hereby waives the right to assert any statute <br />of limitations as a bar to the enforcement of the lien of this Deed of Trust or to any action <br />brought to enforce the Note or any other obligation secured by this Deed of Trust. <br /> <br />3.8 Construction. This Deed of Trust shall be construed according to the laws of the <br />State of Nebraska. <br /> <br />3.9 Nonwaiver. No waiver of any covenant or condition or the breach of any <br />covenant or condition of this Deed of Trust shall be deemed to constitute a waiver of any <br />subsequent breach of such covenant or condition, nor to justify or authorize the nonobservance <br />on any other occasion of the same or of any other covenant or condition hereof, nor shall the <br />acceptance of any payment by Secured Party at any time when Borrower is in default under any <br />covenant or condition hereof be construed as a waiver of such default, nor shall any waiver or <br />indulgence granted by Secured Party to Borrower be taken as an estoppel against Secured Party <br />promptly to avail itself of such other rights or remedies as Secured Party may have or be <br />construed as a waiver of such default, but Secured Party may at any time thereafter, if such <br />default continues, exercise all its rights arising from such default in the manner provided in this <br />Deed of Trust. <br /> <br />3.10 No Oral Change. This Deed of Trust, and any provisions hereof, may not be <br />modified, waived, discharged or terminated except by an agreement in writing signed by the <br />party against whom enforcement of any modification, waiver, discharge or termination is sought. <br /> <br />3.11 Ambiguities. Borrower and Secured Party acknowledge that each party and its <br />counsel have participated fully in the review and revision of this Deed of Trust. Any rule of <br />construction to the effect that ambiguities are to be resolved against the drafting pal1y shall not <br />apply in interpreting this Deed of Trust. The language in this Deed of Trust shall be interpreted <br />as to its fair meaning and not strictly for or against any party. <br /> <br />3.12 Time is of the Essence. Time is of the Essence with respect to the obligations <br />contained in this Deed of Trust. <br /> <br />3.13 Intentionally Omitted. <br /> <br />3.] 4 Intentionally Omitted. <br /> <br />ARTICLE 4 <br />SECURITY AGREEMENT <br /> <br />4.1 Security Agreement. This Deed of Trust shall constitute a security agreement as <br />defined in the State of Nebraska Uniform Commercial Code ("Code") in the Collateral. <br />Borrower hereby grants to Secured Party a security interest in the Collateral described in Exhibit <br />A-I. Any Collateral installed in or used in the Property are to be used by the Borrower solely' for <br />Borrower's business purposes or as the equipment and fixtures leased or furnished by the <br />17 <br /> <br />AM 1570AM57:667038: 5: LOUIS VILLE <br />3/20/08 <br />
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