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<br />•16. Miscellaneous pravisliniL 89- 100907
<br />(a) Bonewer Not Released. Extension of the time for payment or modification otamortizatton of the sums secured by this
<br />Deed of Trustgranted by lender to any successor in interest of Borrower shall notoperate to release, in any manner, the liabfilhj
<br />of the original Borrower and Borroweessuccessofs in interest. Lender shall not to required to commence proceedings against
<br />such successor or retuae to extend time for payment or otherwise modify amortization of the sums secured by title Deed of Trost
<br />by reason of any demands made by the original Borrower and Borrower's successors in interest
<br />(b) Lender's Poware. Without affecting the liability of any other person liable for the payment of any obllgatfcn herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Properhj rotthen ortheretcfore
<br />released as security for the full amount of all unpaid obligations. Lender may, from time to time and without notice (1) refeasa any
<br />person so liable, (if) extend the maturity or after any of the termsof any such obligations, (111) 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 mertiorted, or (vi) make ecmposifions or other
<br />arrangements with debtors in relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any fight or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The
<br />procurement of insurance or the payment oftces or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and Asakpts Bound; Joint and Several Liability; Captions._ Ti e- Covenants and agreements herein con-
<br />tained shall bind. and the rights hereunder shall Inure to, the respective successors and assigns of Lerdrr AM Trustor. All
<br />covenants and agreements of Trustor shall.be joint and several. The captions and hi8adings of the par t;31 fs cl ff?is up-ed.ot
<br />Trust are for convenience only and are rat to be used to interpret or define the provisions hereof.
<br />(e) Requeeltfmr Notices. The parties f-ereby request that a copy.o Oj",%,l notice of default hereunder and1w, :y of any r<cgm-
<br />of sale hereunder be mailed to each part'f_tn this Deed of Trust at {f7d 3dress set forth above in the ma-ria, prescribed by
<br />applicable law. Exceot for ar.v abler notice required under aaplicabti� law to be glue- in another manner, irm notice provided
<br />for in this Deed of -Trust shall. begwen by mailing such ncitic© by certified mail add►?:ssed to the other parties: at the address set
<br />forth above. Arty notice provided for in 1hls Heed of Trust shall be effective upon rrsaiting.in lke warner designated herein. It
<br />Trustor is more than one person, notice septic tf a a&lress set forth above shall be notice W. all. such persons.
<br />(f) Inspection. Lender may make or cajrW to be rrWo reasonable entries upon and insF40 ram of the Property, provided
<br />that Lender shall give Trustor notice prier to any stici's inspection specifying reasonable cause therefor related to Lender's
<br />interest in the Property.
<br />(g) Reconvsyance. Upon payment of.aff:eums secured by this peed of Trust, Lender shalR rpZuestTrustee to reconvey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured.bp this Deed of Trust to Trustee.
<br />Trustee shall reconvey the Property with:cut warranty and without. charge to the person or persons legally entitled thereto.
<br />Trustor shall pay all costs cf. recordation, If any.
<br />(11) Fefsonat Property; security Agreement As additional security for the payment of the Note, Trustox hereby grants
<br />Lenda:r. under the Nebraska Uniform Commercial Cade a seeurinf interest in all fixtures, equipment and otherpemc ^4 property
<br />used in connection with the real estate or improvements fccated thereon, and not otherwise declared or deem-c -d cbe ap,artof
<br />the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code. an6t,,:a Lender
<br />shall have all the rights and remedies of a secured party under said Code in addition to Ul e no,11t, -Ind remedes created under
<br />and accorded the Lender pursuant to this Deed of T-ush. provided that Lender's rights 3 rtti : BT Qtt �BJ S'1Etert �: agraph shall
<br />be cumulative with, and in rc way a limitation on, Larders rights and remedies under any spacuri:y so. memiant signed by
<br />Borrower or Trustor.
<br />(f) Liens and Encumbrances. Trlstcr• hereby warrants and represents that there is no derat.01.1 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 cr 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 Lsinder 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 waranties under any aYpi all exisiting and future Liens, shall promptly forwardto Lendercopies
<br />of-all-notices cf default sent in connection with any 241d: ,; existing or future Liens. and shall not without Lender's prior wmr.en
<br />consent in any manner modify the provtafans •(,*t ar vaw any future advances under any existing or future Liens.
<br />Q) Application of Payments. Unless r71itamovie ri -:q w fi:d bylaw. sums paid to Lender hereunder, including without limitation
<br />payments of principal and interest, iriwai-ce Oace&s% condemnation proceeds and rents and profits. OVI be applied by
<br />Lender to the amounts due and owing frdm *rustor and Borrower in such order as Lender in its sole discretion deems desirable.
<br />(k) Severabflity. If any provision cV liii5 Deed of Trust conflicts with applicable law or is declared Invalid or c1l. -ar 1a
<br />unenforceable, such conflict or invalid:tyv Alall not affect the other provisons of this Deed of Trust or the Note whn;i� %.sj be
<br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note a-* doo;a:ro« Va be
<br />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 it?terchangeable.
<br />(m) Governing Law. This Deed of Trust shall be governed by the I s of the State of Nebraska.
<br />Trustor has executed this Deed of Trust as cf if,e date written above y
<br />(L_.
<br />(Venneth E. Clark, Trustor Husband)
<br />(Phylli A. Clark, Trustor Wife)
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