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890MO- 102078 <br />Is. UNM$Bw ww Prolusions. <br />(a) Mwj" W Not RsWoMM. Extension of the time for payment or modification of amortization of the sums secured by this <br />II Wlity <br />Deed of Trust granted by Lender to any successor in interest of Borrower shall notoperate to release, in any manner, the <br />of the original 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 otherwise modify amortization of the sums secured by this Deed otTrust <br />by reason of any demands made by the original Borrower and Borrower's successors in interest <br />(b) Lender's Powaa. 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 />person so liable. (if) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, Qv) 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 (vi) make compositions or other <br />arrangements with debtors in relation thereto. <br />(c) Fadmi once by Lender Not a Waiw.,Any forbearance by Lender 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 suslt righter remedy. The <br />procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a vwi fiver at Lender's right to <br />accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns found; Joint and Several Liability; Captions. The covenants and agreements herein con - <br />:. tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns 61 Lender and Trustor. All <br />covenants and agreements of Trustor shall be joint and several. The captjospa and headings of the pesagrapbs ef.this Deed.ot <br />Trust are for convenie im only and are not to be used to interpret or derve the provisions hereof. <br />_ - (e) Requed for if Wftes, The parties hereby requestthat acopy of any notice of default hereunder and a copy cf any notice, <br />of sale J,..ereunder be mailed to each parry to this Deed all -rust at the address set forth above in the mannerfsrescribed by <br />applicable law. Except for any ctfty notice required unds alvplicabfe law to be given in another manner, any irotfCe provided <br />for in this Deed of Trust shall be given by mail! nog such notice by certified mail addressed to the other parties, atthe address set <br />Any Decd Trust be effective upon mailing in the manner designated herein. If <br />forth above. notice provided for in this of shall <br />Trustor is more than one person, notice ser;; °c the address set forth above shall be notice to all such persons. <br />(t) inspection. Lender may rrarrz or cause to be made reasonable entries upon anti inspections of the Property, provided <br />that Lender shall give Trustor no ce prior to any such inspection specifying reasonable cause therefor related to Lenders <br />interest in the Property. <br />(g) Raeonvsyawe� Upon payment of all sums secured by this Deed of Trust, Lender shall requestTrusteete reconvey the <br />Property and shall sunender this Deed of Trust and all notes eicdencin7i mJebtedness secured by this Deed of Trust to Tmatee.:. <br />Trustee shall recon: Ibe Property without warranty and 41i:haut charge to the person or persei-is legally eniifled then3te: <br />-� <br />Trustor shall pay all cvirs of recordation, if any.. <br />(h) Personal Property; Security Agreement. As add ,t,cnst security for the pay.�t of the Nate, Truster fiete-by grants <br />_ - <br />Lender under the Nebrr� --ka Uniform Commercial Code a sa --Lmly interest in all fixtures, equipment, and other personal Froper')c • <br />used in connection w ?±h the real estate or imp -amzrrents ;azated thereon, and not otherwise declared or deemed to tie apart of, <br />the real estate secured hereby. This instrume --il. V pail be construed as a Security Agreement under said Code, and the Lenders <br />shall have all the rights and remedies of a sera -ed party u ^.�r said Code in addition to the rights and remedies created under. <br />andaccorded the Lender pursuant to this Deed of Trust; prow <zed that Lender's rights and remedies under this paragraph shall' <br />be cumulative with, and in no way a limitation on, Lenders rights and remedies under any other security agreement signed by <br />_ <br />Borrower or Trustor. <br />0) Lien and Encumbrances. Trustor hereby warrants and ;ey�ctsznt =-that there is no default under the provisions of any <br />mortgage, deed of trust, lease or purchase contract descrrb+riz siF' or aray part of the Property, or other contract, instrument er <br />agreement constituting a lien or encumbrance against all ,:,r a-,y,part of the Property (collectively. "Liens"), existing as of the <br />date c,itnrs Deed of Trust, and that any and all existing L., - :s remain unmodified excEpt as disclosed to Lender in Trusters <br />written eiscfosure of liens and encumbrances provided,for herein. Trustor shall tni *y 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 all notices of default sent in connection with a.-:!Y and all existing or future Liens, and shalt not witti out Lender's prior written . <br />consent in any manner modify the provisions o'' oi- a:!ow any future advances under any existing or future liens. <br />0) Applkation of Payments. Unless otherwise required bylaw, sums paid to Lender l-,ereunder. including without Ilmitn"00: <br />payments of principal and interest, insurance proceeds, condemnation proceeds anir,_-ts and profits, shall be applied Cy <br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lende- :n its sole discretion deems desirrablo, <br />(k) Sev rabi ty. If any provision of this Deed of Trust conflicts with applicable law or is dwsfared invalid or other'AOW <br />unenforceatae, sucir, :onflict or invalidity shall not affect the other prov„sons of this De zd of Trus; or the Note which can lie, <br />given. rafted without :he conflicting provision, and to this end'he provisions of this Deed of 'must and the Note are declared to be <br />n5 Terrns.7he terms "Trustor" and "Bor-. c ersr' shall .ra:.�de bosh s�-:::r 3. d r:�1rc ,and when the Trustor and Borrcwsr <br />are tt:e same persor(s), those terms as used n this Deed of Trust shat! a�; �,.;erchanyeable. <br />(m) Governing Law. This Deed of Trust si%V1 be governed by the fans of the State if Nebraaka. <br />Trustor has executed this Deed of Trust as of the dale written above. <br />1 Trustor (Arnold C. Wenn) <br />Trustor (Linda C. kena) <br />• i. <br />= -a <br />4 <br />