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<br />16. Misca "Mus Provtstons.
<br />(a) @*mower Not RaMeW. Extension of the time for payment or modification o1 amortization of Me sums secured b)► 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 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 of Trust
<br />by reason of any demands made by the original Borrower and Borrower's successors in interest
<br />(b) Lender's Power. Without affecting the liability of any other person liable for the payment of any obtigatton herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then orthereWfore
<br />released as security.for the full amount of all unpaid obligations, Lender may, from time to time and without notice 01 release any
<br />person so liable. (ii) extend the maturity or alter any of the terms of any such obligations, (Iii) 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 other or, additional security for any obligation herein mentioned, or (v7 make compositions or other ;
<br />arrangements with debtors in rotation thereto.
<br />(c) Forbearance, by Lender Not a Waiver. Any forbearance by Lender in exercising aRy right or remedy hereox3 1 or
<br />otherwise afforded by applicable law. s"rall not be a waiver of or preclude the exe u a i�t any such right or rem Ine
<br />procurement of Insurance or the payment of taxes or other liens or charges by Lender s'hsii r;;Y be a waiver of Lender"d�tghtto
<br />accelerate the maturity of the indebtedness secured.by this Deed of Trust.
<br />(d) Succsators and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con -
<br />4sined shaL'. bLnd, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br />covenants and agreements of Trustor shall be joint and several. The captions and headings0the paragraphs of this peed of
<br />Trust are far convenience only and are not to be used to interpret or define the provisions ;lhireof.
<br />(e) R"tiestfor Notice*. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice
<br />e. 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 lalai: 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, notice sent to the address set forth above shall be notice to all such persons.
<br />' • (f) inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property „pgavided
<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) Rseonveyance. Upon payment of all sums secured by this Deed of Trust_ Lender shall request Trustee to reco,^vey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trustto �--ristee.
<br />Trustee shall re .-onvey the Property without warranty and without charge to the person or persons legally entitteo.`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 located thereon, and nototherwise declared or deemed to be a part of
<br />the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code. and the Lender
<br />shall have all the rights and remedies of a secured CJs ty 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 shalt
<br />be cumulative with, and in 10 way a limitation on, Lender's rights and remedies under any other security agreement signed by
<br />Borrower o,� Trustor.
<br />(i) Lierm and Enaumbiances. Truwar hereby warrants and epresents that there is ne default under the prei'ISCr• ?is of any
<br />mortgage, dead of trust, lease or purchase contract describiHg air or any part of the Propevt ?', or other contract, i ,Vroment or
<br />ggreement constituting a lien or encumbrance against all or any part of the Property (cciigctively, ' 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. *ep,esentations and warranties under any and all exisiting and future Liens, shall promptly forward to Lender copies
<br />of all noticaE default sent in connection with any and all existing or future Liens, and shall not without Lender sncaf written
<br />consent in any manner modify the provisions of or allow any future advances under any existing or future Lien:za
<br />0) Application of Pa YmOnts. Unless otherwise required by law, sums paid to Lender hereunder, inc'.u2 ?n9 w :thc %�t limitation
<br />payment: �l principal arc2 interest insurance proceeds. condemnation proceeds and rents and pro M, shall be applied by
<br />Lender to 4se amounts due and owing from Trustor and Borrower in such order as Lender in its 5oie discretion deems desirable.
<br />(k) Sawability. it any provision of this Deed of Trust conflicts with applicable lair is declared invalid sr a +`.h8rwise
<br />unenforceaiWO, such conflict or invalidity shall not affect the other provisons of this D�- s ;t Trust or the Note wily :l l ::ci be
<br />given effect without the r4rflicting provision, and :v : :nis end the provisions of this Deed of Trust and the Note are dec•s and to tie
<br />severable.
<br />(1) Terms. The terms "Trustor" an: 'Borrower' s'•yall include both singular and plural, and when the Trustor and Borrower
<br />are the sznia person(s). those terrm. ai5 used in this Deed of Trust shall be interchangeable.
<br />(m) Governing Law. This Deed or rrist shall be governed by the laws of the Sta;e of Nebraska. `
<br />Trustor has ear: ,,uted this Deed of Trust as of the date written above. 1 cQ
<br />(Gary R. Lembu g) Tru r .�.1 ?r.-l:scilla E. Lemburg)
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<br />W. Wrenn Les er) Trustor (�,ecelta a er)
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