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<br />written request of the Beneficiary and the surrendex of the Deed of Trust and the note to the Trustee, the Trustee shall, after payment
<br />by Trustor of the TrusCee's feas, reconvey the property to the Trustor or ta the person or persons legally entitled thereto.
<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 fi'ee 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, Far 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 ar mortgages covering any additions, improvements, or betterments
<br />made to the property hereinabove described and all property acquired after the date her�o£ Furthermore, should Trustar fail ta cure
<br />any default in the paynnent 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 ta the same tsrms and conditians.
<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 thereaf 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 Seneficiary, his
<br />successors ar 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 af Trustee, a copy of the instrument of
<br />the substitution of the successor Trustee shall be mailed to the T'rustor and all persons who have requested notice of default and notice
<br />of sale by �ling such request with the of�ce of Register of Deeds where this Deed of Trust is recorded.
<br />14. If more than one person joins in the executian of this instrument as"T'rustor, or if anyone sa joined I�e of the feminine
<br />sex, the pronauns 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 thereaf 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 1Q1.1(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 af the retnaining provisions ar portions of this instrurnent.
<br />1�. The sale of the real estate, which is the subject of this Deed of Trust, without the prior written consent of the
<br />Benefrciary 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 af sale conferred upon th� Trustee may be exercised pursuant co this
<br />document and applicable statutes.
<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, than under SBA
<br />regulations:
<br />(a) When SBA is the holder of the Nvte, this document and all documents evidencing or securing this Loan will be
<br />construed in accordance with federal law.
<br />(b) CDC or SBA may use local or state procedures far purposes such as �ling papers, recording documents, giving
<br />notice, foreclosing liens, and other purposes. By using these procedures, SBA daes noC 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 Sorrower, ar 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 holdet' af the N'ote 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.
<br />Kershner Properties, L.L.C.,
<br />a Nebraska Limited Liability Compan
<br />By:
<br />Kevin W. Kers , Manager
<br />STAT� OP NEBRASKA )
<br />) ss.
<br />COUNTY OF BUFFALO )
<br />�a
<br />ulie R. Kershne , Manager
<br />T'he foregoing instrument was acknowledged before n
<br />R. Kershner, Managers of Kershner Properties, L.L.C., a Nebra
<br />� rpTARr-Sba ai Mrmra�
<br />eanxrti �. Febn��y �l� �12
<br />'. Kershner and Julie
<br />impany.
<br />,�-
<br />After recording return to: Nebraska �conomic Development Corp., 1610 South 70`" Street, Suite 201, Lincoln, NE 68506
<br />4.dvc
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