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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
Inst Number
201105508
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�0��0�508 <br />Section 6.23 Partial Release. Beneficiary directly (and without joinder of Trustee) or the Trustee <br />upon written direcrion from the Beneficiary may release its interest in a portion of the Mortgaged Properiy by <br />executing and recording one or more partial releases without affecting its interest in the remaining portion of the <br />Mortgaged Property. <br />Section 6.24 Applicable Law. TI� LAWS OF THE STATE OF NEBRASKA (EXCLUSIVE OF ITS <br />CONFLICT OF LAW PRINCIl'LES) SHALL GOVERN TI-iE VALIDITY, ENFORCEABILITY, <br />INTERPRETATION AND CONSTRUCTION OF ALL OF TI� PROVISIONS OF THIS DEED OF TRUST AND <br />THE O'TI-�R LOAN DOCUMENTS AND ALL ISSUES HEREUNDER AND TI�REUNDER, INCLUDING <br />(WITHOUT LIlVIITATIOl� TI� DETERMII�TATION OF THE MA��MUM LAWFUL RATE OF INTEREST <br />THAT MAY BE CONTRACTED FOR, CHARGED OR RECEIVED WITH RESPECT TO TI� OBLIGATIONS. <br />Section 6.Z5 Entire Agreement. The Loan Documents constitute the entire understanding and <br />agreement between Trustor and Beneficiary with respect to the transactions arising in connection with the <br />Obligations and supersede all prior written or oral understandings and agreements between Trustor and Beneficiary <br />with respect to the matters addressed in the Loan Documents. Trustor hereby acl�owledges that, except as <br />incorporated in writing in the Loan Documents, there are not, and were not, and no persons are or were authorized <br />by Beneficiary to make, any representations, understandings, sripulations, agreements or promises, oral or written, <br />with respect to the matters addressed in the.Loan Documents. <br />Section 6.26 Notices. All notices, consents, approvals, elections and other communications <br />(collectively "Notices") hereunder shall be in writing (whether or not the other provisions of this Agreement <br />expressly so provide) and shall be deemed to have been duly given if mailed by United States registered or certified <br />mail, with return receipt requested, postage prepaid, or by United States Express Mail or courier service to the <br />parties at the following addresses (or at such other addresses as shall be given in writing by any parly to the others <br />pursuant to this Section 6.26) and shall be deemed complete upon receipt or refusal to accept delivery as indicated <br />in the return receipt or in the receipt of such Express Mail or courier service: <br />If to Trustor: Aurora, Cooperative Elevator Company <br />605 12th Street <br />Aurora, Nebraska 68818 <br />Attention: Robert Brown <br />If to Lender: Wells Fargo Bank, National Association <br />MAC D1109-019 <br />1525 West W.T. Harris Blvd. <br />Charlotte, North Carolina 28262 <br />Attention: Syndication Agency Services <br />With copies to: Wells Fargo Bank, National Associarion <br />MAC #N8032-034 <br />1248 O Street, 3rd Floor North <br />Lincoln, Nebraska 68508 <br />Attenrion: Cary L. Sandell <br />ARTICLE 7 - NON-UNIFORM COVENANTS <br />Section 7.1 Request for Notices. Each party to this Deed of Trust requests that a copy of any notice <br />of default or any other norice of sale or any other notices that may be given pursuant to this Deed of Trust or <br />otherwise be sent to the party at the address set forth herein, as provided by the Nebraska Trust Deeds Act. <br />Section 7.2 Indemnification of Trustee. Except for gross negligence and willful misconduct, <br />Trustee shall not be liable for any act or omission or error of judgment. Trustee may rely on any document believed <br />by it in good faith to be genuine. All money received by Trustee shall, until used or applied as herein provided, be <br />held in trust, but need not be segregated (except to the extent required by law), and Trustee shall not be liable for <br />interest thereon. Trustor shall protect, indemnify and hold harmless Trustee against all liability and expenses which <br />Trustee may incur in the performance of its duties hereunder. <br />19 <br />
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