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89­8 102877 <br />18. Miscellaneous Provisions. <br />(a) Biorrovrer Not Released. Extension of the time for payment or modification of amortization of the sump secured by this <br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not oporate 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 payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Got rower 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 the Property not then or theretofore <br />released as security for the full amount of all unpaid obligations. Lender may, from time to time and without notice (i) 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 (vl) 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 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 Trustor. 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 />(9) 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 few. Except for any other notice required under applicable law to be given in another manner, any noticd 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. It <br />Trustor is more than one person, notice sent to the address set !orth 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, provided <br />that Lender shall give 7rastor notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />(g) Reconveyance. Upon payme -it cf a l 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 reiconvey the Property without warrarty and without charge to the person or persons legally entitled. thereto. <br />Trustor shall pay all costs of recordation, if any. <br />(h) Persona) Property; Security Agreement. As additional security for the payment of the Note. Trustor hereby grants <br />Lender undet.tne Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property <br />used in Ci:nrtection with the real estate or improvements located 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 Agreement under said Code, and the Lender <br />shall have all the rights ans remedies of a secured marty under lain nme in addltior, to the rights and iQitiadies 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 />be cumulative with, and in no way a fmitaton on.. Lender's rights and remedies under any other security agreement signed by <br />Borrower or Tfusiur. <br />(i) Uens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any <br />mortgage. deed of trust, lease or purchase contra:r describing all or any part of the Property, or other contract, instrument or <br />agreement constituting a lien or encumbrance age -nst all or any part of the Property (collectively. " Llens'p, 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 ah,of Trustor's ob(igations, <br />Covenants, representations and warranties under any and all exisiling 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 withoutLeIder's prior written <br />cionsent in any manner modify the provisions of or allow any future advances under any existing or. hifrlre� Liens. <br />0) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, inciuda^g 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 -o,^r. Trustor and Borrower in such order as Lender in its sole discretion deems desirable. <br />(k) Sietwereabifity. If any provision of ;:`+:s Deed of Trust conflicts with applicable law or is,:dec{ared invalid or otherwise <br />unenforceaba'6. such coritVct or mvalidity'snall Mot affect the other provisions of this Deed of trust a the Note which can be <br />c��van effect without the C Victmg provision, and to•th is end the provisions of this Deed of Trust and the Note are declared to be <br />sei,,erabie <br />(1) Tenvs. The terns "Trustor" and "Borrower" small include both singular and piurah.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 Deed of Trust shah De.-governed by the laws of tfie State of Nebraska. <br />Trustor has executed this Deed of Trust as of the date wri tfen above. <br />(Arnold . Wenn �� Trustor Husband) <br />( lrtt�a C. Wenn Trustor Wife) <br />7 <br />TV <br />t If <br />r <br />fl <br />