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83001188
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Last modified
11/18/2008 2:19:59 PM
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11/18/2008 2:19:59 PM
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DEEDS
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83001188
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<br />I <br /> <br />83-0011(J,3 <br />Additional Provisions ': <br />Debtar,-Warr8PtS and"Covenants: !H That except for the security interest granted hereby Debtor is. or to the extent that thi5!- agreement <br />states that the Collateral. is to be acqu,ired afterttie date hereof, will be. the owner of the Collateral free from any adverse lien. f?ecUfity <br />interest,_or encumbrance; and that Debtor will defend the Collateral against all ctaims and demands of all persons -at any !ime claiming <br />the sane- or any interest therein. (2) That no financing statement covering the. Collateral or any ~roceed5 thereof ~ onJite jry,"~I).YA;HJbUc <br />office ~,"~~,":tfl~ r~ of Secured Party, Debtor witt join with Secured Party in executing one or m~r~ financing- stat~ts pursu- <br />ant to the/'f4ebmsk-a"Uniform-Commerciai Code in form satisfactory to Sec-~red Party and will pay the cost offili-ng:suchAmancing"stlft&. <br />mEHl~ this sacuri~ ~reement and any continuation or termination statement~ in all public offices wherever filing-is deemed by-~Secured <br />Party to be ~~ 9T desirable; and if the Collateral is attached to reat estate prior to the perfection ,of the-s6CU&::ity _interest :9r{1fited <br />hereby or-if:-thf;t"Collateral-indudes crops or oil. gas or minerals to be extracted ,or timber to be cut. Debtor will. on demand of' Secured <br />PartyJ' furniSh secured Party: with a disclaimer or disclaimers-or subordination agreement signed by ail persons having an interest in the <br />reaf'"8State._disctaiming or',',SUbordinating any interest in the Collateral which is prior to the interest of Secured Party. (3) Not to seil. <br />tr8n$fer or-dispose of the Collateral. nor take the same or attempt to take the- sane from the county where kept as above stated. without <br />the prior written consent of the Secured Party. (4) To pay all taxes- and assessments of every nature which may be levied or assessed <br />against the CoHateral. (5} Not to pannit or allow any adverse lien. security interest or encumbrance whatsoever upon the Collateral. and <br />not to permit the same to be attached or replevined. (6) That the Collateral is in good condition. and that he will at his own expense. <br />k.eep the sane-in good condition and- from time-to time, forthwith. replace and repair all such parts of the Collateral as may be-broken. <br />worn ou~ Qr d~_Without~-~ftowfng any ! ien to be created upon 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. collision. fire and extended coverage. <br />with loss payable to Secured Party as its interest may appear. and wiH on demand deliver said policies of insurance or furnish proof of <br />such insurance to Secured Party. (8)At its option Secured Party may procure such insurance. discharge taxes. liens or security interests <br />or other encumbtances: at any time levied. Of_ pfaced"oo the Collateral and may pay for the repair of ~my damage -or injury. to 'Or for,~ the <br />preservation CVJd- maintenance of the Collateral. Debtor agrees to reimburse Secured Party on demand for any payment or ex~se.inc~rred <br />by SectI~ pursuant to the ,foregoing authorization. Until such reimbursement. the anount of any such payment. With interest _~t the <br />rate ofU~anOl.rn from date of payment until reimbursement. shall be added to the indebtedness owed by Debtor and shalt be-secured <br />by this 8gteElfTl9l!t. (9}-That he wi1t not use the Collateral in violation of any applicable statutet regulation or ordinance ane11t any of"the <br />Collateral is 'ITDtOr-vehicles -the same win not be rented. used in rental service nor in any speed or endurance conteSt. .( to)- DebtQ_[ 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 shall be secured hy this securtty agreement. <br /> <br />Until Default Debtor may have possession of the Collaterai and use It In any lawfuf 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 Collateral. <br /> <br />Debtor Shall Be in Default u;lder this agreement upon the happening of any of the following events or conditions: (1) default in the pay" <br />ment or perfOfTllttf'tCti of any obligation. covenant or lIability contained or referred to herein or in any note evidencing the same: (2) any <br />warranty. representation or statement made or fUffHShed to Secured PartY by Of on behalf of Debtor proves to have been false in any ma- <br />terial respect \'iI'tlen made or furniShed; i31 any event which results lfl the acceleration of the maturity of the indebtedness of Debtor to <br />others under any indenture. agreement or undeqakll1g: (4j ioss. theft. d.Jmage. destfllctlon sate or encumbrance to or of any of the Col.. <br />lateral. or the nulking o( any levy. seIzure or attachment thereof or thereon; t5i death. dissolutIon. termination of existence. insolvency. <br />business faHure. appointment of a receiver of any part of the property of. assignment tor the benefit of creditors by. or the commence- <br />ment of any proceeding under any bank.ruptcy or Fnsoivency iaws by or 3qainst Debtor or any guarantor Of surety for Debtor. <br /> <br />Upon Such Default and at any time thereafter. or if it df:e,ns Itself insecure. Secureo Party may dedare- all Obligations secured hereby <br />immedi8t8Jy due and payable and shall have the remedies of a secured party under tne Nebraska Uniform Corrrnercial Code. Secured <br />Party may require Debtor- to assemble the Collateral and deliver or make it available to Secured Party at a place to be designated by <br />Secured Psny VoIhICh is reasonably convenient to both partIes. Unless The Co!latet""d! is penshable or threatens to decline speedily in <br />value or is of a type customarily sold 00 a recognized f11ar"'el. Secured Party will Hlve Debtor reasonable notice of the time and place of <br />any public sate thereof or of the time after which any pnvdte saie or any other 'ntended dIsposition thereof is to be made. The require- <br />ments of re-8S008bte notice shaH be met if such notice is mailed. postage prep.:ud. to the address of Debtor shown at the beiJinning of <br />this agreement at least five days before the tm\e of the saie Of thspaS-lltOn. <br /> <br />No waiver by Secured Party of any defaul t shall operate as a wai vtlr uf any other def'ault 01 of the same default on a future occasion. <br />The taking of this security agreement shail not waiVti or Impair dny other secuflty said Secured Party may have or hereafter acquire for <br />the payment of the above indebtedness. nor Shall the taking of any SUCh addttlonal security waive or impair this security agreewent; <br />but said Secured Perty may resort to any security it may have in the ordef it may deem proper. and notwithstanding any collateral secu- <br />rity. Secured Party &hoB retain its rights of setoff against Debtor. <br /> <br />AU rights of Secured Party hereunder shall Inure to the benefit of its successors and assigns; and aU promises and duties of Debtor <br />shall bind his heirs~,executors or ~inistrMOrS Of his or as successors or assigns. If there be mort:! than one Debtor. their liabilities <br />I\ereunder sIlall be loint and several, <br /> <br />TI\is _t sIlall become effective wtltm it is Signed by Debt<><. <br /> <br />u <br /> <br />L <br /> <br />..J <br /> <br />L <br />
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