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<br />16. MiscsBaneous Provisions.
<br />(a) Ownwer 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 liability
<br />of Me origirt,3l Borrower and Borrower's successors in• interest. Lender shall not be required to commence proceedings against
<br />such successor or refuse to extend time for payment or othem rse modify amortization of the sums secured by th is Deed of Trust
<br />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
<br />mentioned, 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 any
<br />personso Irable, Iii? extend the matu rity, or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release
<br />of reconvey, or cause to be released or recoriveyed at any time at Lender's option any parcel, portion or all of the Property,
<br />(v) take or release any other or addihonat security for any obligation herein mentioned, or (vi) make compositions or other
<br />arrangements with debtors in retation thereto.
<br />(o);Forbearartcs by Lender Not a Waiver. Any forbearance by fender in exercising any right 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 of taxes or other liens or charges by lender sh.311 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 Assigns Bound; .Da'stft and Several Liability; rapt- cm The covenants and agreements herein con-
<br />tained shall bind. aind the rights he: Bender shall inure to. the respective suzzssso,s a-rd assigns of Lender and Trustor. All
<br />covenants and agres�ents of Trustor shalt be joint and several. The capt-ors and t.- rigs of the paragraphs of this Deed of
<br />.Trust are for convenience only and a-e not to be used to interpret or define the prar,,r,;3ns hereof.
<br />(a) - Requestfor Notices. The pa^hr s hereby requestthat a copy of any notice of d'P' eat hereunder and a copy ref any notice
<br />of sale hereunder be mailed to ea4;h party to this Dead o` Trust at the address set �or1f�r. above in the manner prescribed by
<br />applicable law. Except for any of er notice required under applicable law to be given A another manner, any notice provided
<br />for in this Deed of Trust shall beg .en by mai):rrg such notice by certified mail addressed to the oth er parties, at the address set
<br />forth above. Any notice provided tor in this Deed of Trust shall be effective upon maA ig. in the manner designated herein. If
<br />Trustor is more than one perscir:r. ztice sent to the address set forth above shall be , o:sce to all such persons.
<br />(fy. inspection. Lender ma; -ske or cause to be made reasonable entries upon and inspections of the Property, provided
<br />that Lender shalt give TrustC7 niACe prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />interest in the Prope. -,y_
<br />(g) Raeonveyance.r0.pan payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br />Property and shall surrende.r^inisDeedof Trust and at! notes evidencing indebtedness secured by this Deed ofTrusttoTrustee.
<br />Trustee stall reconvey the Property without warranty and ecit'tout charge to the person or persons legally e. -Vlad thereto.
<br />Trustor s ^all pay all costs of recordation, if any.
<br />(h) Personal Property; Security Agreement. As additior,•at security for the payment of the mare. 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. Th.s instrument shall be cans�,ued as a Security Agreement under said Code, and the Lender
<br />shallhaveall the rightsand re- nedEes of a secured party uncle- said Code in addition :a the rights and remedies created under
<br />and accorded the Lender pursi.lanttothis Deed of Trust; provided that Lender's rrohw. and remedies underthis paragraph shall
<br />be cumulative with, and in no way a limitation on, Lender's rights ano any other security agreement signed by
<br />Borrower or Trustor.
<br />M Uens and Encumbrances. Trustor hereby warrants and represents trrat':f E e no default urrn.Ierthe provisions of any
<br />mortgage, deed of trust, tease 4" purchase contract descrrb,ag ,or any part of the Property, or other contrat instrument or
<br />agres•n:^:c constituting a lien or cr cumbrance against all or arty part of the Property ;collectively. ' Liens "), ex;sting as of the
<br />Vlate 3s this Deed of Trust, and that any and all existing Liens remain unmodified except as disc:',3sed 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 exisiting and future Liens. shall promptly forward to Lender copies
<br />of alt r ,Aces of default sent in c :innection with any and all existing or future Liens, and shall not without Lender's prior written
<br />consent in any manner modify vile provisions of or al!ow any future advances un6,,x any existing or future Liens.
<br />(j) Application of Psymen %s_ c;aless otherwisv required by law, sums paid to e, .Jrsr hereunder, including without limitation
<br />payments of principal and interest, insurance proceeds, condemnation proceeds Wnd rents and profits, shall be applied by
<br />Lender to the amounts due and owing from Trustor and Borrower in such•.arde- as Lender in its sole discretion deems desirable.
<br />(k) Severability. It any prr,•, ,von of this Deed of Trust conflicts vy;,n law or is declared invalid or otherwise
<br />unenforceable, such conflict cr invalidity shall not affect the other prou.Sins ct thi,- Dead of Trust or the Note which can be
<br />given effect without the confl :cl•. ,igprovision and to this end the provis.on5 cf :his 0e% :d of Trust and the Note are declared to be
<br />severable.
<br />(1) Terms. The terms "Trustor' and "Borrower" shall include both S. ngular anti plural, and when the Trustor and Borrower
<br />are the same person(s), those terms as used in this Deed of Trust shad be interchangeable.
<br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the Stale of Nebraska.
<br />Trustor has executed this Deed of Trust as of the date written abo,. a.
<br />/ e ' GeCr tt -
<br />Trustor( Frank O. Zimmerman)
<br />T +ustyf�Jaq�: —el —in e L.
<br />Zimmerman)
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