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<br />�201008975
<br />written request of the Beneficiary and the surrender of the Deed of Trust and the note to the Trustee, the TYustee shall, after payment
<br />by Trustar of the Trustee's fees, reconvey the property to the Trustor or W the person or persons legally entitled thereto.
<br />lU. The Trustor covenants that hc is lawfully seized and possessed of and has the right to scll and coanvcy said property;
<br />that thc same is 5�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 thc title afaresaid thereta and every part thereof against the lawful claixns of all persons
<br />whomsaever.
<br />11. For better security of the indebtednes� hereby secured, the 'I'nistar upon the request of the Beneficiary, its successors
<br />or assigns, shall execute and deliver a supplemental mortgage ar mortgages covering any additions, improvemcnts, or betterments
<br />made to the property hereinabove descri6ed 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 d�scribed by this instrument, Trustar hereby agrees to
<br />permit Beneficiary to cure such default, but Seneficiary is not obligated to do so; and such advanees shall became part of the
<br />indebtedness securcd by this instrument, subject to the same terrns and conditions.
<br />12. That all awards of damages in cannection with any candemnatioa for public use nf or injury to any of said property
<br />are hcreby assigtted and shall be paid to Bene�iciary, who may apply the same to payment of the installments last due under said note,
<br />and the Bencficiary is hereby authorized, in the name of the Trustor to cxecutc and deliver valid acquittancas thereof and to appeal
<br />from� any such award.
<br />13. The irrevocable right to appaint a substitute Txustee or Trustees in hereby expressly granted to the Benefrciary, his
<br />successors or assigns, to be exercised at any time hereaft�r 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 W the Trustor and all persons wha have requested natice of dafault and notice
<br />of sale by �ling such request with tha office of Register of Deeds where this Deed of Trust is recorded.
<br />14. If more than one person joins in the sxecution of this instrument as Trustor, or if anyone so jained be of the feminiu►e
<br />sex, tho pronouns and relative words used herein shall be rcad as if writtcn in tho plural or feminine, respectively, and the tenm
<br />"Seneficiary" shall include any payee of the indebtedness hereby secured ar any assignee or transferee thereof whether by operatian
<br />of law or otherwise. The covenaats herein contained sha11 bind and the ri�t►ts herein granted or canveyed shall inure to the respective
<br />heirs, executors, administrators, successors, and assi,gns of the parties hereto.
<br />15. In compliance with section 101.1(� of the Rules and Regulatians af the Small Busiaess Adnninistra�ian (13 C.F.R.
<br />101.1(d)), this instrument is to be canstruad and enfvrced in accordance with applicable Federal law.
<br />16. A judicial decree, order or judgment holding any provision or portion af this instrumcnt invalid or unenforceable
<br />shall not in any way impair or px�eclude tk�e enforcement of the remaining provisions or portions of this instrument.
<br />17. The sale of tha real estate, which is the subject of this Deed of Trust, without the prior written cansent af 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 />indebtednesa secured thereby to be due and owing and the power of sale cunferred upan the Trustee may be exercised pursuant to this
<br />docurnent and applicable statutes.
<br />The Loan secured by this lien was made under a United States Small Business Administration (SBA) natianwide program
<br />which uses tax dollars to assist small business awners. If the United States is seeking to enforce this document, then under SBA
<br />regulations:
<br />(a) When SBA is the holdar of tha Note, this document and all documents avidencing ar securing this Loan will be
<br />construed in accordance with federal law.
<br />(b) CDC or SBA may use local or state proc�dures for purpas�s such as filing papers, recording dacuments, 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 Guarantar may claim or assert against SSA any
<br />local or state law to deny any obligation af Hrnxower, or defeat er►y claim of SSA with respect to this loan.
<br />Any clause in this documant requixing arbitration is not enforceable when SBA is the holder of the Nate secured by this instrument.
<br />IN WiTNESS WHEREOF, Trustor has executed this instrument and the Trustee and Beneficiary ar� deemed to have
<br />accepted thcir respective rights and duties when a duly executed and acknowledged copy of this instrument is delivered to them.
<br />Zitski, LLC,
<br />a Nebraska Limited Liability Company
<br />r
<br />By:
<br />Glona J. esen ember M
<br />STATE O�' NEBRASKA )
<br />) ss.
<br />COUNTY OF HALL )
<br />The foregoing instrument was acknowledged before me on this y f ovem r, 2010, by Gloria J. Thesenvitz,
<br />Mernber Managcr of Zitski, LLC, g Nebraska Limited Liability Compan eha f comp
<br />� �� ��Y� � �� N LIC
<br />,eenrr�.�dv.�r.a� talm7
<br />After recording return to: Nebrsska Economic Development Corp.,16�0 South 70�' Street, Suite 201, Lincoln, NE 68506
<br />a.�
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