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83001072
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Last modified
11/18/2008 1:57:06 PM
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11/18/2008 1:57:06 PM
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DEEDS
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83001072
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<br />I <br /> <br />Additional Provisions 83- () a 1072 <br /> <br />Debtor Warrants and Covenants; {1} That except for the security interest granted hereby Debtor is. or to the extent that this agreement <br />states that the Collateral is to be iiCQUired after the date hereof. will be. the owner of theCoflateral free from any adverse fien. security <br />interest or encumbrance; and that Debtor will defend the Colfateral against all claims and demands of all persons at any '!ime claiming <br />the same Of any interest therein. (2) That no financing statement covering the Collateral or any proceeds thereof is on file in any public <br />office and that at the request of Secured Party. Debtor will join with Secured Party in executing one or more financing statements pUrsu.. <br />ant to the Nebraska Uniform Commercial Code in form satisfactory to Secured Party and will pay the cost of filing such financing state- <br />ment~ this security agreement and any continuation or termination statement. in all public offices wherever fi ling is deemed by Secured <br />Party to be necessary OT desirable; and if the Collateral is attached to real estate prior to the perfection of the security interest gr:an~ed <br />hereby or if the Collateral inch..'\1es crops or od. gas or minerals to be extracted or timber to be cut, Debtor will, on demand of Secured <br />Party, furnish Secured Party with a disclaimer or disclaimers Or subordination agreement signed by all persons having an interest in the <br />real estate.. disclaiming or subordinating Bny interest in the Collateral which is prior to the interest of Secured Party. 13) Not to sell~ <br />transfer or dispose of the Collateral, nor take the same or anempt to take the sane from the county where kept as above stated~ without <br />the prior written consent of the Secured Party. i4l To pay all taxes and assessments of every nature which may be levied or assessed <br />against the Collateral. (5) Not to parmi". or atlow any adverse lien. security interest or encumbrance whatsoever upon the Collateral, and <br />not to permit the same 10 be attached or replevined. {51 That the Collateral is in good condition. and that he wilt at his own expense. <br />keep the- same in good condition and from time to time, forthwith. replace and repair all such parts of the Collateral as may be broken~ <br />worn out or damaged without allowing any lien to be created lIpon the Collateral on account of such replacement or repairs. and that the <br />Secured Party may examine and inspect the Collateral at any time. wherever located. (7) That he will at his own expense keep the Col- <br />lateral insured in a company satisfactory to Secured Party against loss. as appropriate. by theft. coli ision~ fire and extended coverage, <br />with loss payable to Secured Party as its interest may appear. and will on demand deliver said policies of insurance or furnish proof of <br />such insurance to Secured Party. IS} At its option Secured Party may procure such insurance. discharge taxes, i iens or security interests <br />or other encumbrances at any time fevied or placed on the Collateral and may pay for the repair of any damage or injury to or for the <br />preservation and maintenance of the Collateral. Debtor agrees to reimburse $ecuredParty on demand for any payment or expense incurred <br />by Secu~ktY pursUant to the foregoing authorization. Until such reimbursement. the amount of any such payment. with interest at'the <br />rate ofj!lIq~~'Vannurn from date of payment until reimbursement. shall be added to the indebtedness owed by Debtor and shall be secured <br />by this agreement. (9) That he will not use the CoUateral in violation of any ,applicable statute, regulation or ordinance and if any of the <br />Collateral is motor vehicles the same will not be rented._ used in rental service nor in any speed or endura."lce contest. (10) Debtor will <br />pay Secured Party any and all costs and expenses incurred in recovering possession of the Collateral and incurred in enforcing this <br />security agreement~ and the same- shaH be secured by this security agreement. <br /> <br />UntH Defautt Debtor may hSVft,P05SBSSI011 of the Collate-ral and use It in any jawful manner not inconsistent with this agreement and not <br />inconsistent with any policy of insurance thereon. and upon default Secured Party shall have the immediate right to the possession of <br />the CoHsteral. <br /> <br />Debtor Shall Be in Default tl-nder thiS agreement Ui-\()fl the happeo!f\g of any of the fol towing events or conditions: (11 default in the pay~ <br />ment or performance of any obligation. covenant or 11Hbliity con tamed or referrt..-d to herem or If) any note evidenCing the same: (2) any <br />warranty, representation Of statement made or t\lrrllshed to Secllred Party by or on behalf of Debtor p;oves to have bee.. false in any ma~ <br />terisl respect when made Of' furnished: ,3} any event which rPsults :t1 the acceleratlOtl pf the matllflty of the indebtedness of Debtor to <br />others undet" any indenture. i:tgn!ement or undertakino: (~l ~OS$. the-t!. damagtJ. r!estnlctlon sale or encumbrance to or of any of the Col~ <br />Isteral. or the mak.ing of any levy, seizure or attachment thereof Dr thereon; \~) death. t!tssolullon. terminatIon of eX:lstence. insolvency, <br />business failure, appointment of a receIver of dny pan of the pro-perty oi, 3ssignrNmt tor the benefit of creditors by. or the commence- <br />ment of any proceeding undm any bank.fu~)tcy Of ilI$olvencv laws by !)f .'lqamsl Debtor !\f any guarantor or surety for Debtor. <br /> <br />Upon Such Oe'....lt and at any lime thereafter. Of if i;: cleems j !5e! t inseCt/re. SeGur€'<.1 PdrfY ma,,.- deel are al j ObI igations secured hereby <br />immediately due and payable and shall have the (eme<_hes ...11 8 secured party under t!1e Nebf"aska Umfoml COfnmercial Code. Secured <br />{'arty may require Debtor to assemble the Co!ldteral and r1e-llver or make It .wadable to Securt.'>d Party at a ~)Iace to be designated by <br />Secured Pany which is reasonably cOflvanient to both partIes. Unless the ColL:ne-ra! ib pdflshable or threatens to decline speedily in <br />value or is of a type customanly sold on a recogrllzed market. Secured. P:!(t't' .....di {PVE:1 Debtor reasonable notice of the time and place of <br />any public sale thereof Of of the time after which any I~;vdte -saie Of i;lfW oth~r ,ntended disposition thereof is to be made. The require- <br />ments of reasonable notice Shall be met If such notH.."l:!' IS rna-iI~1. postage pfepald. w the address of Debtor shown at the begrnnlng of <br />this agreement at least five days before the tlffle of the sale Of thSOO$itlon. <br /> <br />No waiver by Secured Party of any default shall o.perate as a waiver \,11 -il!,~ omer default or t-1f the s~e default on a future occasion. <br />The taking of this secunty agreement shalf not W3tv8 m ImpaM any other SecurIty siud $ecurtKt Party may have or nereafteracqUlre for <br />the payment of the above indebtedness.. nor ShaH the taking Of any such additional set,-'wity waive Of' impair This security agreen-ent; <br />but said Secured Party may resort to any security it may have 111 the order \! may ..ieem proper. and notwithstanding any collateral secu-- <br />city. Secured Party shaH retain ItS I 19ht5 of setoff against De-blOC'. <br /> <br />All rights of Secured Party httreUnder shall mure to th~ t",",wtlt I..~t ;ts ~uc(::essors and assigns: and all promisel:> and duties of Debtor <br />shall bind his !leirs. 8,.l(ecutOrS Qr GdmlOistrators Of hl~ Qt its succesSOl"S or assIgns. If there be more than {)n6 Debtor, then liabilities <br />hereundef shaH be jOint and several. <br /> <br />This agreement shail bea:me effective when It IS sIgned by D-eotor. <br /> <br />u <br /> <br />L <br /> <br />-1 <br /> <br />I <br />'-- <br />
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