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200001334 <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of <br />any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br />the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, <br />from time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the terms <br />of any such obligations; (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed <br />at any time at Lender's option any parcel, portion or all of the Property; (v) take or release any other or additional <br />security for any obligation herein mentioned; or (vi) make compositions or other arrangements with debtors in <br />relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br />remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any <br />such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall <br />not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability, Captions. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns <br />of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and <br />headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define <br />the provisions hereof. <br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br />and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above <br />in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in <br />another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail <br />addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be <br />effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address <br />set forth above shall be notice to all such persons. <br />(f) Inspection. Lender may make, or cause to be made, reasonable entries upon and inspections of <br />the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause <br />therefor related to Lender's interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured <br />by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the <br />person or persons legally entitled 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, <br />Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br />equipment and other personal property used in connection with the real estate or improvements located thereon and <br />not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as <br />a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under <br />said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of <br />Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a <br />limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under <br />the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or <br />other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property <br />(collectively, "Liens ") existing as of the date of this Deed of Trust, and that any and all existing Liens remain <br />unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for <br />herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under any <br />and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the <br />provisions of or allow any future advances under any existing or future Liens. <br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, <br />including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and <br />rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order <br />as Lender in its sole discretion deems desirable. <br />(k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared <br />invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of <br />Trust or the Note which can be given effect without the conflicting provision, and to this end, the provisions of this <br />Deed of Trust and the Note are declared to be severable. <br />(1) Terms. The terms " Trustor" and "Borrower" shall include both singular and plural, and when <br />the Trustor and Borrower are 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 />Page 4 of 5 <br />