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89-- 102402
<br />16. Miscellaneous Provisions.
<br />r(a) Sorrowsr Not Released. Extension of the time for payment or modification of amortizatcn. of the sums secured by this
<br />1 Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, Ili: any manner, the liability
<br />of the original Borrower and Borrower's successors in interest Lender shail not be required to com mRrrde 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 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 thePrpp" not then or theretofore
<br />released as security for the fylt amount of all unpaid obligations, Lender may, from time to time and witte ,vw notice (i) release any
<br />pens n so liable, (ii) extend 10#-:maturity of altar any of the terms of any such obligations, (ili) grant otfw. Indulgences, (Iv) release
<br />or r nvey, or cause to kia?atessed or -sedohveyed at any time at Lender's option any parcel, ,cenor all of the Property,
<br />(v) ski or release.atny outdi "or additidrlat. security for any obligation herein mentioned, or (vi) make compositions or other
<br />arrdngement$."vr ;th'ilebtor.9 in relation thereto.
<br />(c) Forbea- a- nze�by Lender Not a Walver. Any fti,�bea:-arce_b�g under in exercising any right a7samedy hereunder, or
<br />otherwise afforded by applicable law, shall not be a t awpY of w'p- ,eclude the exercise of any such} sight or remedy. The
<br />procurement of in§�.ance orthp payment.of taxes o: other liens okG' ,Ares by Lender shall not be a waNer of Lender's right to
<br />accelerate the maturity of the indabte6t 6sa secured W y this Dee�i.zff: T;ast
<br />(d) Successors and AssVft Bountfi >Jafnt and Several Lfab`it f+epiions. The covenants and agrt;sments herein can
<br />shall bind, and the rights hereunder shall inure to, the respi , lira successors and assigns of 'v30:ler and Trustor. All
<br />covenants and agreements of Trustor shall'be joirtt acrd several. The captions and headings of the parsg^gphs of this Deed of
<br />T„sst are for convenience Qnty and are not to be. usad to interpret or define the provisions hereof.
<br />ie) Request for Notice&,Thb parties hereby request that a copy of any notice of default hereunder arda copy of any notice
<br />of sale hereunder be mailed to each partil 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 mannrwiany notice provided
<br />for in this Deed of Trust shall be given by.Mailing such notice by certified mail addressed to the other parliatr„at the address set
<br />forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the mannen0signated herein. If
<br />Trustor is more than one parson, notice sent to the address set forth above shall be notice to all such parsons.
<br />. (f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of (ho Property, provided
<br />t;tat Lender shall, give Truster notice prior-to any such inspection specifying reasonable cause thera'.ca,related to Lender's
<br />interest in the araparty.
<br />. (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the
<br />Propetty and shall surrendarthis Deed of Trust and aft notes evidencing ind v&ess secured by this Deed of Trust to Trustee.
<br />T: us "ae� shall reconvey the Property without warranty and without charge a �he person or persons ler„ally entitled thereto.
<br />Truszbr shalt pat'` all costs of recordation, if anr.
<br />(h) Rersonsl Property; Security Agreement.-As additional security for the payment of the Not&, ,Trustor hereby grants
<br />Lender under the'Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and &iar personal property
<br />used in connection with the real estate or improvements located thereon, and not otherwise declared ordaamed to be a part of
<br />the real estate secured hereby. This• instrument shall be construed as a Security Agreement under sat(jt Code, and the Lender
<br />shall have all the rights and remedies of a secured party under said Code in addition to the rights awl remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust; provided that lender's rights and remedies uver this paragraph shalt
<br />be cumulative with, and in no way a limitation on, Lender's rights and remedies under any otter secur ty agreement signed by
<br />Borrower or Trustor.
<br />i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default an-Jer the provisions of any
<br />m= r'jage, deed of trust, lease or purchase contract describing all or any part af. the Property. or,o'her contract, instrument or
<br />s�z reament constituting a lien or encumbrance against all or any part of the Prcpar ty (coflWiae {y, "Liens "), existing as of the
<br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as cl tdctosed to Lender in Trustor's
<br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely all of Trustor's obligations,
<br />covenants, representations and warranties under any and all exisiting and future Liens, shall p- amptly forward to Lender copies
<br />of all notices of default sent in connection with any and all existing or future Liens, and shat; a,:)t without Lender's prior written
<br />consent in any manner modify the provisions of or allow any future advances under any eAkitrig or future Liens.
<br />0) Application of Payments. Unless otherwise required by law, sums paid to Lender herc-_'-!er, including without limitation
<br />payments of principal and interest, insurance proceeds, condemnation proceeds and rer :s and profits, shall be applied by
<br />Lender to tie amounts dueand owing from'r.;stor and Borrower r r st..:h order as lender in its sole discretion deems desirable.
<br />Seve4bllity. if any provision of tf;-v Deed cf Trust conflict_ ,, "h applir ah:e law or is declared invalid or otherwise
<br />ur2r °crce &Lie, such conlTu or invalidity shall not a•f {e;' 1:nje other pvc,,.sons ca ,t w Ceed of Trust or the Note which can be
<br />given effect w,tL !out the Cori •, ^.ling provision, and to r, as d the p rev s: on, of this Qe :ei of Trust and the Note are declared to be
<br />severable.
<br />(I) Terms. rr•e terms "Trustor' and' Borrower" shall include Golf, singular and plural, and when the Trustor and Borrower
<br />are the same ,person(s), ;hose terms as used in this Deed of Trust r all be interchangeable.
<br />!.m) Governing Law. Tr,s Deed of Trust shalt be oowerned by;l> ws of t1ie.State of Nebraska.
<br />Truster has executed this Derr:, of Trust as of the date ,a rrn above '
<br />` 'Von Behren)
<br />�'r rstor (Ronald L, f
<br />bg__ a. Behren)
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