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F 16. MisceftrA ors Provisbns. 89- 102097 (a) filorrower Not Relassed. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall notoperate to release, in any manner, the liability of the originaf Borrower and Borrower's successors in Interest. Lender shat! not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in Interest (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. Lender may, from time to time and without notice (I) release any person so liable. (ii) extend the maturity or after any of the terms of any such obligations, (iil grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lenders option any parcel, portion or all of the Property. (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise affdrded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) Succppooti and. Assigns !Bound, Joint and Several LlabiNty; Captilons. The covenants and agreements herein con - tained shad i Whit. and the rights hereunder shall inure to, the respective successors and assigns of Lender and-Trustor. All covenants airdagreements of Trustor shall be joint and several. The captions and headings of the paragraphs of NO Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. (e) Request for Modbee. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth. above in the manner prescribed by applicable law. Except forany other notice required under applicable law to be given Iri another manner, any notice provided for in this Deed of Trust shall be given by mailing s4ch notice by certified mail addressed to the other parties, at the address set forth above. Any notice provided for. In Ibiti Deed of Trust shall be effective upon mailing Irr the manner designated herein. If Trustor is more than one person, notice. sent to the address set forth above shall be notice to all such persons. '(9 Inspection. Lender may make :or, cause to b& made reasonable entries upon and inspections of the Property. provided that Lender shall give Trustor notice Orior to any auch inspection specifying reasonable cause therefor related to Lender's infra in the Property. iQe Rmico tvoyanee. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Pirpa_iti•and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. riuOae shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. t hAtor shall pay all costs of recordation, if any. (h) Personal ProWy.,4laecurftr Agreement. As additional security for the payment of the Note. Trustor hereby grants Lender under the Nebraska u *niform Commercial -Code a security interest in all fixtures. equipment, and other personal property used in connection with the real estifa or inprovernents located thereon, and not otherw se declared or deemed to bea part of the real estate secured hereby. This instrument shall be construed as a Security Agreemervunder said Code, and the Lender shall have all the rights and remedies of a secured ,party under said Code in addition to the mints and remedies crwtsd under atyd accorded the Lender pursuant to this Deed at Trust: provided that Lender's rights and re:rredies u.+-.derthis paragraph shall he ,emulative with, and in no way a limitation on, Lender's rights and remedies under any ddl.er seventy agreement signed by 13orrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no di fa;rlt'under the provisions of any mortgage. deed of trust. tease or purchase contract describing of is or any part of the Pr cfaul t, or other contract, k7sfrument or agreement c nstitutmq a lien or encumbrance against all or any part of the Property �'G.de:tivety. "Liens "). existing as of the date of this Caed ci Trust, and that any and all existing Liens remain unrnacbfi.ed excely. ;is disclosed to Lender In Trustor's written disdrii .re of hens and encumbrances provided for herein. Trustor shall time;; I1erform all of Trustor's obligations. covenants, r(Wpresentations and warranties under any and all exisiting and future Liens, skull promptly forward to Usnrter copies of all ne* cry of default sent in conn6+ rsn with any and all existing or future Liens. and shall not without Lender's f r l arf written consent in° any manner modify the ptuvisions of or allow any future advances under any existing or future Liens 0) Apptieation of Payments. Unless otherwise required by law, sums paid to Lender hereunder, inc '4h. ing with". ;imitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profn14 shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole disci�:ticrt deemzx desirable. (k) S4verability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid Cr 01^erwise unenfor4eable, such conflict or invalidity shall not affect we ott ar provisons of this Deed of Trust or the Note kidiic;lT can be given effect without the conflicting provision, and to this end this provisions of this Dead of Trust and the Note are declared to be severable. (1) Tema. The terms "Trustor" and " Borrowei" shall inclu -1a both singular and plural, and when the Trustor and Borrower are the same person(s), those terms as used in iris Ceed rf Trust shall be interchangeable. (m) Goveming Law. This Deed of Trust shah he governed the laws of the State of Nebraska. Trustor has executed this Deed of Trutl.aa of the date; �rritten abo e. 9 1 a r 1 L. Pena*) Trustor amela Penas),� (Vernon D. Perias) Trustor (Patricia N. Penas) ____7 r_ N. z