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i� <br />t: <br />1 <br />89-- 100906 <br />I& Mtaplfaryp,h Prorl,kn,. <br />(a) Bortowarr 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 o rate to r <br />Of the origtnat Borrawerartd Borrowers successors in Interest Lender shall not be required to c� o mence prooceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower's successors in interest <br />(b) Lender's Powwl. Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and withoutatfectin9 the lien or charge of this Deed of Trust upon any portion of the pro <br />released as security for the full amount of all unpaid obligations, Lender may, from time to time and wi�thoyut notice (�) release any <br />person so liable. (Ii) extend the maturity or after anyof the terms of any such obligations, (iii) grant other indulgences, (iv) release <br />Or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, <br />(v) take or release any other or additional security for any obligation herein mentioned, or (v7 make or all of the or other <br />arran:20!�ts with debtors in relation thereto. <br />4c3 Fyartt Vwe fry Lender Not a Walver. Any forbearance by Lender in exercising any right'or remedy hereunder. or <br />C' erwaa afforded by; applicable. -law, shall not be a waiver of or preclude• the emrcise of any such right or remedy. The <br />pru rAuref ent of Insu.'ance or the payment of taxes or other liens or charges by L. -der not be a waiver of Lender's right to <br />acs Sfemte the maturity of the indebtedness secured by this Deed of Trust". <br />(d) Successors and Assigns Bound; Jobt and Savoral Liability; <br />twined shall bind, and the right! hereunder gall inure to, the resec �aue essors and asslgrr cf Le dery and Trustor. Ail <br />covenants and agreements of Trustor shall be;oint and several. The c�sions and headings of the paragraphs o1 this Deed of <br />Trust are for convenience only and are not to be used to interpret or define the pi¢ai ins hereof <br />(e) Rsquestfor Notices.The parties hereby request that a copy of any notice of tefau t here!►ndter� Rhos ,N�r. m�;s r7ati4e <br />of satA hereunder "mailed to -,..h paw to this peed of Trust at the address set fdrth above in thin �,�t , <br />a for MS law. Except for any o n34r_$ required under applicable law to be given; -another ntarsr ; gpy a p a ed <br />for in > is peed of Trust shat! be given: ti!r. *)[g such notice by certified mail addressed to tt;e etherrarties, at the address sC <br />f3rrn above. Any notice provided FQ�;r Tisis Ceed of Trust shall be effective upon mailing in d*e rra aner designated herein. I1 <br />T Star is more Than one person, r il,:ce sent to the address set forth above shall -be ndbce to ati such persons. <br />t�4 Inspection. Lender mayrnai..e or cause to be made reasonable entries upon and-inspections of the Property, provided <br />M-B? Lwder shall give Trustor notice prior to any such inspection specifying reasonaUtz• ;mouse therefor related to Lender's <br />i -elect n the Property. <br />!3t Reconvoyafte_ Upon payment of all sums secured by this Deed of-Trust, Lender shM requpmt Trustee to reconvey the. <br />Pm" e'tyr.and shall surrender this Deed of trust and all notes evidencing indebtedness :cured by lftis Deed of Trust to Trustee. <br />Trust :•'tall reconvey the Properly! without warranty and without charge fir fete pe +,rzz or persons legally Entf�ed thereto. <br />Trustbr amall pay all costs of recordation, if any. <br />(h) Parsonsf ProParfy; Security Agreement. As additional security for the payrnsnt of the Naij , 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 othenvme declared or deemed to be a part of <br />the real estate secured hereby. This instrument shall be construed as a Security Agrcerne :rt under said Code, and the Lender <br />shall have all the rights and remedies of a secured party under said Code in addition to ti,e rightsand remedies created under <br />and accorded the Lender pursuant to this Deed of Trust; proulded that Lender's rights and remed eD under this paragraph shall <br />be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other u- Nnirity agreement signed by <br />Borrower or Trustor. <br />(I) Liens and Encumbrances. Trustor hereby warrants and represer:t �: that there is no default under the provisions of any <br />mortgage, deed of trust, lease or purchase contract describing all or an;• part of the Property, or other contract, iMstiument or <br />agreement constituting a lien or encumbrance against all or any part cf .,ne Property (collectively, "Liens"), exi�ng. as of t� <br />date of this Deed of Trust, and that any and all existing Liens remain un- odified except as disclosed to Lender. jt ir45:G',. <br />written disclosure of liens and encumbrances provided for herein. Tn ti'r;r shall timely perform all of Trustoes obt;g4LCrr , <br />covenants, representations and warranties under any and all exisiting ardfiuture Liens, shall promptlyr torwardto 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 vsnfren <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. <br />G) Appficallon of payments. Unless otherwise required 15r ta�v, sums paid to Lender hereunder, i,rcjuding without limitation <br />payme +its of principal and interest, insurance proceeds, cer.semnaticK, proceeds and rents and prmfti«, shall be applied by <br />Lender tb the amounts dud and owing from Trusior.and Borrower in such ordrer as Lender in its soled! acretlon deems desirable. <br />(k) fi trarabillly if -any provision of this OEed of Trust conflicts w�'Zla applicable law or is declared invalid or otherwise <br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note v.;.ich can be <br />given effect without the conflicting provision, and to this end rte provisions of this Deed of Trust and the Note are dsciared to be <br />severable. <br />(1) Teens. The terms "Trustor- and "Borrower" shall inc'ude both sirgu!ar and plural, and when 1119 Trustor V6 Borrower <br />are the same person(s), those terms as used in This Deed of Trust shall nterchangeabte. <br />(m) Governing Law. This peed of Trust shall be governed by t laws of the State of Nebraska <br />Trustor has executed this Deed of Trust as of the data written above. <br />(V h E. Trustor Cl, rk, Husband) <br />(Phylli A. 1 rustor Clark, Wife) <br />_1 <br />