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200106908 <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment <br />of any obligation herein mentioned, and without affecting the lien or charge of this Deed of <br />Trust upon any portion of the Property not then or theretofore released as security for the <br />full amount of all unpaid obligations, Lender may, from time to time and without notice (i) <br />release any person so liable, (ii) extend the maturity or alter any of the terms of any such <br />obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or <br />reconveyed at any time at Lender's options any parcel, portion or all of the Property, (v) <br />take or release any other or additional security for any obligation herein mentioned, or (vi) <br />make compositions or other arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in ,exercising any right <br />or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br />preclude the exercise of any such right or remedy. The procurement of insurance or the <br />payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right <br />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 <br />respective successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 8 (e) hereof. All covenants and agreements of Borrower shall be joint and <br />several. The captions and headings,of the paragraphs of this Deed of Trust are for <br />convenience only and are not to be used to interpret or define the provisions hereof. <br />(e) Request for Notices. The parties hereby request that a copy of any notice of default <br />hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed <br />of Trust at the address set forth above in the manner prescribed by applicable law. Except <br />for any other notice required under applicable law to be given in another manner, any <br />notice provided for in this Deed of Trust shall be given by mailing such notice by certified <br />mail addressed to the other parties, at'the address set forth above. <br />Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or <br />Lender when given in the manner designed herein. <br />(f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections <br />of the Property, provided that Lender shall give Borrower notice prior to any such <br />inspection specifying reasonable cause 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 <br />request Trustee to reconvey the Property and shall surrender this Deed of Trust and all <br />notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall <br />reconvey the Property without warranty and without charge to the person or persons legally <br />entitled thereto. Such person or persons shall pay all costs of recordation, if any. <br />(h) Personal Property, Security Agreement. As' additional security for the payment of the <br />Note all fixtures, equipment, and other personal property used in connection with the real <br />estate or improvements located thereon, and not otherwise declared or deemed to be a part <br />of the real estate secured hereby, shall be subject to a security interest in favor of the <br />Lender under the Nebraska Uniform Commercial Code. This instrument shall be <br />construed as a Security Agreement under said Code, and the Lender shall have all the <br />rights and remedies of a secured party under said Code in addition to the rights and <br />remedies created under and accorded the Lender pursuant to this Deed of Trust. <br />(i) Severability. In the event that any provision of this Deed of Trust conflict with applicable <br />law or are declared invalid or otherwise unenforceable, such conflict or invalidity shall not <br />affect the other provisions of this Deed of Trust or the Note which can be given effect <br />without the conflicting provision, and to this end the provisions of the Deed of Trust and <br />the Note are declared to be severable. <br />