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iro � <br />g <br />... <br />89-.- 102125 <br />16. Miscellaneous Provisions. <br />(a) Borrower 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 the original Borrower and Borrowers successors in interest Lender shalt 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 of Trust <br />by reason of any demands made by the original Borrower and Borrowers successors in Interest <br />(b) Leader's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and without a°.ecting the lien or charge of this Deed of Trust upon any portion of the Property not thert or theretofore <br />released as security for the full amount of all unpaid obligations, LeMer may, from time to time and without notice f) release any <br />person so liable, (i) extend the maturity or alter any of the terms of any such obligations, (ii) 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 ether or additional security for any obligation herein mentioned, or (vii make compositions or other <br />arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. 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 such right or remedy. The <br />procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of leer's right to ~ ,, <br />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 agreements herein con- <br />tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Truster. All <br />covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are for 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 hereunder and a copy of any notice <br />of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by <br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided <br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set <br />forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manns:- designated herein. If <br />Trustor is more than one person, notice sent to the address set forth above shall be notice to all such perserts. <br />() Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shalt g?ve Truster notice prior to any such inspection specihyi„g reasonable cause therefor related to Lertier's <br />interest in the Property. <br />(g) Reconveyance. Upon payment of ali sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall reconvey the Property without warranty, and without charge to the person or persons legally entitled thereto. <br />Trustor shall pay all costs of recordation, if any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, 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 local.,, I thereon, and not otherwise declared or deemed to be a part of <br />the real estate secured hereby. This instrument shall be cor red as a Security Agreement under said Code, and the Lender <br />shall have all the rights and remedies of a secured party und_, said Code in addition to the rights and remedies created under <br />and accorded the Lender pursuant :o this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall <br />be cumulative with, and in no way a limitation on, Lender's rights and remedie.^ under any other security agreement signed by <br />Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any <br />mortga ,e, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or <br />agreement constituting alien or 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 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 all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. <br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation <br />payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by <br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. <br />(k) Severabiiity. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise <br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are de ^tared to be <br />severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trusto+ .,d Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State o. Nebraska. <br />Truscnr has executed this Deed of Trust as of the date written above. <br />Mark D. Stelk Trustor Husband <br />. ,/ <br />Wanda L. Stelk Trustor Wife <br />