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201105508
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7/27/2011 3:41:37 PM
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7/27/2011 3:41:36 PM
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DEEDS
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201105508
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�01105505 <br />or such other persons (including the holder of any inferior lien) as may be entitled thereto by law; provided, <br />however, that if Beneficiary is uncertain which person or persons are so entitled, Beneficiary may commence <br />appropriate proceedings with respect to such remainder in any court of competent jurisdiction; and the amount of <br />any attomeys' fees, court costs and expenses incurred in such acrion shall be a part of the Obligations and shall be <br />reimbursable (without limitarion) from such remainder. <br />Section 5.3 Remedies Cumulative. All rights and remedies provided for herein and in any other <br />Loan Document are cumulative of each other and of any and all other rights and remedies available under the law, <br />and Beneficiary shall, in addirion to the rights and remedies provided herein or in any other Loan Document, be <br />entitled to avail itself of all such other rights and remedies as may now or hereafter e�st under applicable law for the <br />collection of the Obligarions and the enforcement of the covenants herein and the foreclosure of the liens and <br />security interest evidenced hereby, and the resort to any right or remedy provided for hereunder or under any such <br />other Loan Document or provided under applicable law shall not prevent the concurrent or subsequent employment <br />of any other appropriate right or rights or remedy or remedies. <br />Section 5.4 Beneficiary's Discretion as to Security. Beneficiary may resort to any security given by <br />this Deed of Trust or to any other security now existing or hereafter given to secure the payment of the Obligations, <br />in whole or in part, and in such portions and in such order as may seem best to Beneficiary in its sole and <br />uncontrolled discretion, and any such action shall not in anyway be considered as a waiver of any rights, benefits, <br />liens or securiTy interest evidenced by this Deed of Trust. <br />Section 5.5 Waiver of Homestead and Other Ezemptions. Trustor hereby waives all homestead, <br />dower or curtesy interest, redemption rights and appraisement rights or other exemprions to which Trustor would <br />otherwise be entitled under any applicable law. <br />Section 5.6 Reimbursement of Amounts Ezpended by Beneficiary. Upon demand, Trustor shall <br />immediately reimburse Beneficiary for all amounts (including attorney fees and legal expenses) e�rpended by <br />Beneficiary in the performance of any action required to be taken by Trustor or the exercise of any right or remedy <br />of Beneficiary under this Deed of Trust, together with interest thereon at the Default Rate. These sums shall be <br />included in the definition of Obligations herein and shall be secured by the interest granted herein. <br />ARTICLE 6 - NIISCELLANEOUS <br />Section 6.1 Scope of Deed of Trust. This Deed of Trust is a mortgage of real property, a security <br />agreement, and an absolute assignment of leases and rents, and also covers proceeds and fixtures. <br />Section 6.2 Effective as a Financing Statement, Fixture Filing. This Deed of Trust shall be <br />effective as a financing statement. The mailing addresses of Trustor and Beneficiary are as set forth in Section 6.26 <br />of this Deed of Trust. A carbon, photographic or other reproduction of this Deed of Trust or of any financing <br />statement relating to this Deed of Trust shall be sufficient as a financing statement. <br />This instrument shall also be deemed to be a Fixture Filing within the meaning of the UCC, and for such <br />purpose, the following information is given: <br />(a) Name and address of Debtor: <br />(b) Type of Organizarion: <br />(c) Jurisdiction of Organizarion: <br />(d) Name and addr�ss of Secured Party: <br />(e) Description of collateral: <br />(fj Description of real estate to <br />which the Collateral is attached <br />or upon which it is or will be located: <br />See Section 6.26 <br />Corporation <br />Nebraska <br />See Section 6.26 <br />See granting clause above <br />See Ezhibit "B" attached hereto. <br />Some of the above-described collateral is or is to become fixtures upon the above-described real estate, and <br />this Fixture Filing is to be filed for record in the public real estate records. <br />Section 6.3 l�Totice to Account Debtors. In addirion to the rights granted elsewhere in this Deed of <br />Trust, Beneficiary may at any time notify the account debtors or obligors of any accounts, chattel paper, negoriable <br />instruments or other evidences of indebtedness included in the Collateral to pay Beneficiary directly. <br />15 <br />
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