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200804918
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6/9/2008 2:48:26 PM
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6/9/2008 2:48:23 PM
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DEEDS
Inst Number
200804918
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<br />200804918 <br /> <br />Premises and any charges, expenses and fees, including, without limitation, attorneys' fees, <br />which, by the terms hereof, shall be added to and increase the Indebtedness. <br /> <br />7.7 Waiver of Appraisement. Homestead. Marshaling. <br /> <br />Mortgagor hereby waives to the full extent lawfully allowed the benefit of any <br />homestead, appraisement, evaluation, stay and extension laws now or hereinafter in force. <br />Mortgagor hereby waives any rights available with respect to marshaling of assets so as to <br />require the separate sales of any portions of the Premises, or so as to require Mortgagee to <br />exhaust its remedies against a specific portion of the Premises before proceeding against other <br />portions of the Premises, or so as to require Mortgagee to exhaust its remedies against the <br />Premises or any other real property or personal property securing the Note (whether located in <br />the State of Nebraska or any other state) before proceeding against the Premises or any such <br />other real property or personal property securing the Note. Mortgagor does hereby expressly <br />consent to and authorize the sale of the Premises or any part thereof as a single unit or parcel. <br />Mortgagor also hereby waives any and all rights of reinstatement and redemption from sale <br />under any order or decree of foreclosure pursuant to rights herein granted, on behalf of <br />Mortgagor, and each and every person acquiring any interest in, or title to the Premises described <br />herein subsequent to the date of this Deed of Trust, and on behalf of all other persons to the <br />extent permitted by applicable law. Mortgagor specifically consents to Mortgagee's foreclosure <br />of this Deed of Trust and of any other mortgages, deeds of trust, and instruments securing the <br />Note, whether by advertisement, by judicial action in one or more courts, or by any other manner <br />provided by law, and such foreclosures may occur simultaneously or in any order that Mortgagee <br />may determine in its sole discretion. <br /> <br />7.8 Business Loan Representation. <br /> <br />Mortgagor represents and warrants to Mortgagee that the Indebtedness evidenced by the <br />Note is a business loan transacted solely for the purpose of carrying on the business of <br />Mortgagor and not a consumer transaction and that the Premises do not constitute the homestead <br />of Mortgagor. <br /> <br />8. EVENTS OF DEF AUL T AND REMEDIES <br /> <br />8.1 Events of Default. <br /> <br />The occurrence of any Event of Default (as defined in the Loan Agreement) shall be <br />deemed an "Event of Default" under this Deed of Trust. <br /> <br />8.2 Morteagee's Rieht to Accelerate. <br /> <br />Upon the occurrence of an Event of Default, Mortgagee may immediately and without <br />notice to Mortgagor declare the entire unpaid principal balance of the Note together with all <br />other Indebtedness to be immediately due and payable and thereupon all such unpaid principal <br /> <br />22 <br /> <br />Doc# 267536412 <br />
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