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. 200907699
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<br /> written request of the Beneficiary and the surrender of the Deed of Trust and the note to the Trustee, the Trustee shall, after payment
<br /> by Trustor of the Trustee's fees, reconvey the property to the Trustor or to the person or persons legally entitled thereto.
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<br /> 10. The Trustor covenants that he is lawfully seized and possessed of and has the right to sell and convey said property;
<br /> that the same is free from all encumbrances except liens and encumbrances now of record; and that he hereby binds himself and his
<br /> successors in interest to warrant and defend the title aforesaid thereto and every part thereof against the lawful claims of all persons
<br /> whomsoever.
<br /> 11. For better security of the indebtedness hereby secured, the Trustor upon the request of the Beneficiary, its successors
<br /> or assigns, shall execute and deliver a supplemental mortgage or mortgages covering any additions, improvements, or betterments
<br /> made to the property hereinabove described and all property acquired after the date hereof. Furthermore, should Trustor fail to cure
<br /> any default in the payment of a prior or inferior encumbrance on the property described by this instrument, Trustor hereby agrees to
<br /> permit Beneficiary to cure such default, but Beneficiary is not obligated to do so; and such advances shall become part of the
<br /> indebtedness secured by this instrument, subject to the same terms and conditions.
<br /> 12. That all awards of damages in connection with any condemnation for public use of or injury to any of said property
<br /> are hereby assigned and shall be paid to Beneficiary, who may apply the same to payment of the installments last due under said note,
<br /> and the Beneficiary is hereby authorized, in the name of the Trustor to execute and deliver valid acquittances thereof and to appeal
<br /> from any such award.
<br /> 13. The irrevocable right to appoint a substitute Trustee or Trustees in hereby expressly granted to the Beneficiary, his
<br /> successors or assigns, to be exercised at any time hereafter without specifying any reason therefore, by filing for record in the office
<br /> where this instrument is recorded a substitution of Trustee. Prior to recording the substitution of Trustee, a copy of the instrument of
<br /> the substitution of the successor Trustee shall be mailed to the Trustor and all persons who have requested notice of default and notice
<br /> of sale by filing such request with the office of Register of Deeds where this Deed of Trust is recorded.
<br /> 14. If more than one person joins in the execution of this instrument as Trustor, or if anyone so joined be of the feminine
<br /> sex, the pronouns and relative words used herein shall be read as if written in the plural or feminine, respectively, and the term
<br /> "Beneficiary" shall include any payee of the indebtedness hereby secured or any assignee or transferee thereof whether by operation
<br /> of law or otherwise. The covenants herein contained shall bind and the rights herein granted or conveyed shall inure to the respective
<br /> heirs, executors, administrators, successors, and assigns of the parties hereto.
<br /> 15. In compliance with section 101.1(d) of the Rules and Regulations of the Small Business Administration (13 C.F.R.
<br /> 101.1(d)), this instrument is to be construed and enforced in accordance with applicable Federal law.
<br /> 16. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unenforceable
<br /> shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this instrument.
<br /> 17. The sale of the real estate, which is the subject of this Deed of Trust, without the prior written consent of the
<br /> Beneficiary is agreed to be a material default by the Trustor, and the Beneficiary shall have the option to declare the whole
<br /> indebtedness secured thereby to be due and owing and the power of sale conferred upon the Trustee may be exercised pursuant to this
<br /> document and applicable statutes.
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<br /> The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program
<br /> which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA
<br /> regulations:
<br /> (a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be
<br /> construed in accordance with federal law.
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<br /> (b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving
<br /> notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity
<br /> for local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any
<br /> local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this loan.
<br /> Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument.
<br /> IN WITNESS WHEREOF, Trustor has executed this instrument and the Trustee and Beneficiary are deemed to have
<br /> accepted their respective rights and duties when a duly executed and acknowledged copy of this instrument is delivered to them.
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<br /> Carpenter Real Estate, Inc.
<br /> a Nebraska Corporation
<br />
<br /> By:
<br /> Todd A. Carpenter, President and Secretary
<br /> STATE OF NEBRASKA )
<br /> ) ss.
<br /> COUNTY OF HALT, )
<br />
<br /> The foregoing instrument was acknowledged before me on this 1 day of September, 2009, by Todd A. Carpenter,
<br /> President and Secretary of Carpenter Real Estate, Inc., a Nebraska Corporati n ehalf of the corporation.
<br /> GUERAL NOTARY-State of HekJ
<br /> Held S. Fusleng
<br /> _vMy Comm. Exp. F©bruary 16UBL C
<br />
<br /> After recording return to: Nebraska Economic Development Corp., 1610 South 70`" Street, Suite 201, Lincoln, NE 68506
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