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W,777
<br />• 89-..
<br />102126
<br />16. Miscellaneous Provisions.
<br />(a) Borrower Not Re eased. 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 Borrower's successors in interest Lender shall not be required to commence proceedings against
<br />such successor or refuse to extend time for paymer t or otherwise modify amortization of the sums secured by this Deed of Trust
<br />by rc-ason of any demands made by the original Borrower and Borrower's successors :.i 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 thRn or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender may, from time to time and without notice n release any
<br />person so liable. (ii) extend the maturity or alter any of the terms of any such obligations, (iiji grant other indulgences, (m) 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 />(y) 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) 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 %- surance or the payment of taxes or other (lens or charges by Lender shall 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; 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 :his 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 manner designated herein. If
<br />Trustor is more than one person, not "ce sent to the address set forth above shall be notice to all such persons.
<br />(0 Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br />that Lender shall give Truster notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />interest in the Property.
<br />(g) Renonveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconv the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Tru tee.
<br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled ther o.
<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 grrr,is
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal prop"
<br />used in connection with the real estate or improvements !^cited thereon, and not otherwise declared or deemed to be a part of
<br />the real estate secured hereby. This instrument shall be construed as a Security i,yrac-mar :E r said Code, and the Lender
<br />shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall
<br />rte cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by
<br />3orrower or Trustor.
<br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage, deed of trust, le. -rse or purchase contract de.<,cribing all or any part of the Property, or other contract instrument or
<br />agreement constituting a lien 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 Truster's
<br />write;^ disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Truster'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 defauit 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) Severability. 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 declared to be
<br />severable.
<br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower
<br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable.
<br />(m) Governing Law. This Der;d of Trust shall be governed by the laws of the State of Nebraska.
<br />Trustor has executed this Deed of Trust as of the date written above.
<br />Mark D. S /telk Trustor Husband
<br />Wanda L. Stelk Trustor Wife
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