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200U002 ��
<br /> principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of
<br /> Trust, exceed the original principal amount stated herein,or$ ,whichever is greater.
<br /> 16. Miscellaneous Provisions.
<br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br /> Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner,the liabili-
<br /> ty of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
<br /> against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br /> Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest.
<br /> (b) Lender's Powers.Without affecting the liability of any other person liable for the payment of any obligation herein men-
<br /> tioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore
<br /> released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release
<br /> any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv)
<br /> release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the
<br /> Property, (v) take or release any other or additional security for any obligation herein mentioned, or(vi) make compositions or
<br /> other arrangements with debtors in relation thereto.
<br /> (c) Forbearance by Lender Not a Waiver.Any forbearance by Lender in exercising any right or remedy hereunder, or oth-
<br /> erwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procure-
<br /> ment of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver or Lenders right to acceler-
<br /> ate the maturiry of the indebtedness secured by this Deed of Trust
<br /> (d)Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con-
<br /> tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br /> covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br /> Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
<br /> (e)Request for Notices.The parties hereby request that a copy of any notice of default hereunder and a copy of any notice
<br /> of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by
<br /> applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided for
<br /> in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set
<br /> forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If
<br /> Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br /> (� Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br /> that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's inter-
<br /> est in the Property.
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee ta reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to
<br /> Trustee. Trustee shall reconvey the Property, without warranty and without charge to the person or persons legally entitled
<br /> thereto.Trustor shall pay all costs of recordation, if any.
<br /> (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br /> Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures,equipment,and other personal property
<br /> used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of
<br /> the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender
<br /> shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br /> and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall
<br /> be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by
<br /> Borrower or Trustor.
<br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br /> mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or
<br /> agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as of the
<br /> date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's writ-
<br /> ten disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations,
<br /> , covenants,,representatio_ns and warranties under any and all existing and future Liens, shall promptly forward to Lender copies
<br /> � �of ali�{iq�e�t3f�ef�ult 6gr��.ip ��onnection with any and all existing or future Liens, and shall not without Lender's prior written
<br /> oo�sent irq,�r,a�rn�er,madjfy t�e provisions of or allow any future advances under any existing or future liens.
<br /> � ^�(j��pNcatic>c�_�,of.Rayment�. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br /> -payme�ts-of prinoipal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by
<br /> Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desir-
<br /> able.
<br /> (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unen-
<br /> forceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given
<br /> effect without the conflicting provision,and to this end the provisions of this Deed of Trust and the Note are declared to be sev-
<br /> erable.
<br /> (I)Terms.The terms"Trustor"and"Borrower"shall include both singular and plural, and when the Trustor and Borrower are
<br /> the same person(s),those terms as used in this Deed of Trust shall be interchangeable.
<br /> (m)Governing Law.This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br /> Trustor has executed this Deed of Trust as of the date written above.
<br /> Clf/ �
<br /> ORMAN BUCK, PRESIDENT Trustor Trustor
<br /> Trustor Trustor
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