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200005129 <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor ttercby 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 under this <br />paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security <br />agreement signed by 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 <br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, <br />covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies <br />of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior q ri4en <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. <br />0) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without <br />limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied <br />by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems <br />desirable. <br />(k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise <br />unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to <br />be severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower <br />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 />J <br />Wayne U. Cornei-lus Trustor anna R. Cornelius Trustor <br />Trustor <br />Trustor <br />STATE OF NEBRASKA 1 <br />1 <br />COUNTY OF Hall 1 ss. <br />The foregoing Deed of Trust was acknowledged before me this 12th <br />g 20000y Wayne C. Cornelius and Janna R. Cornelius, <br />day of June <br />Husband and Wife, <br />Trustor <br />Trustor <br />GINERAL NOTARY-State of Nebraska <br />Ill GEORGE H. WANfrSCHKE <br />My Comm. E Feb. 27, 2004 <br />STATE �F 1VEBRA 1 <br />Notary Public <br />1 <br />COUNTY OF 1 ss. <br />The foregoing Deed of Trust was acknowledged before me this <br />day of <br />19 by <br />of ,a <br />corporation, <br />on behalf of the corporation. <br />STATE OF NEBRASKA 1 <br />Notary Public <br />1 ss. <br />COUNTY OF 1 <br />The foregoing Deed of Trust was acknowledged before me this <br />day of <br />, <br />19 by <br />r <br />, <br />a partner on behalf of <br />, a partnership. <br />STATE OF NEBRASKA <br />Notary Public <br />1 ss. <br />COUNTY OF 1 <br />The foregoing Deed of Trust was acknowledged before me this <br />day of <br />, <br />19 by <br />of <br />a limited liability <br />company. <br />Notary Public <br />NBC34371(Ald.Wh" NQM Rev. 10M <br />, <br />, <br />