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200500259
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Last modified
10/17/2011 1:03:16 AM
Creation date
10/18/2005 3:05:35 PM
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DEEDS
Inst Number
200500259
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200500259 <br />OF THIS SECTION HAVE BEEN FULLY DISCLOSED BY AND TO THE PARTIES AND <br />THE PROVISIONS SHALL BE SUBJECT TO NO EXCEPTIONS. NO PARTY HAS IN ANY <br />WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE <br />PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL <br />INSTANCES. <br />Section 6.34 Nebraska State Specific Provisions. <br />(a) In the event that any provision in this Deed of Trust shall be inconsistent <br />with any applicable provision of the law of the State of Nebraska (herein collectively called the <br />"Laws "), the provisions of the Laws shall take precedence over the provisions of this Deed of <br />Trust, but shall not invalidate or render unenforceable any other provision of this Deed of Trust <br />that can be construed in a manner consistent with the Laws. <br />(b) If any provision of this Deed of Trust shall grant to Trustee or Secured <br />Party any rights or remedies upon default of Debtor which are more limited than the rights that <br />would otherwise be vested in Trustee or Secured Party under the Laws in the absence of such <br />provision, Trustee or Secured Party, as the case may be, shall be vested with the rights granted in <br />the Laws to the full extent permitted thereby and other applicable law. <br />(c) Without limiting the generality of the foregoing, all costs, fees and <br />expenses incurred by Trustee and Secured Party, to the extent reimbursable under the Loan <br />Agreement, whether incurred before or after any decree or judgment of foreclosure, and whether <br />or not provided for elsewhere in this Deed of Trust or in any of the other Loan Documents, shall <br />be added to the secured indebtedness or by the judgment of foreclosure. <br />(d) The parties hereto request a copy of any notice of default or notice of sale <br />hereunder be mailed to them at the address set forth at Sections 1.1 and 1.2. <br />(e) This Deed of Trust shall constitute a security interest in the rents and <br />leases associated with the Premises, as provided in Section 52, Article 17, Reissue Revised <br />Statutes of Nebraska, 1998. To secure the indebtedness, Debtor does hereby assign and grant a <br />security interest to Secured Party in all such present, future or after arising rents and leases. <br />(f) Promptly upon payment of all sums secured by this Deed of Trust, <br />Secured Party shall request Trustee to reconvey the Mortgaged Property and shall surrender this <br />Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall reconvey the Mortgaged Property without warranty and without charge to the <br />person or persons legally entitled thereto. Debtor shall pay all costs of recordation, if any. <br />THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK <br />DEED OF TRUST— Page 28 <br />
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