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<br />89. 102924
<br />16 Mlsceltaneoas Provisions.
<br />(a) Wwower Not ReWassd. 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 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 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 meftcre-!, er (v +) make compositions or other
<br />arrangements with debtors in relation thereto.
<br />(c) Forbearam o 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 rlght.or remedy. The
<br />procurement of irsurance or the Payment of taxes or other liens or charges by Lender shall net be a waiver of Lender's righttu,
<br />acce"e?.ale the maturity of the • M.debtedness secured by this Deed of Trust.
<br />(dii Successors and Asstgns Bound; doll nt and Several Liability; Captions. The covenants acrd agreements herein cen_
<br />tained shall, band. and the rights hereunder s41a'.1 inure to, the respective successors and ass3grm of Lender and Truster. All
<br />covenants and agreements of Trustor shall be dent ar.d several. The captions and headings of the paragraphs of this Deli of
<br />Trust are 1-air ccniienience only and are not to be use0 to interpret or define the provisions herect,
<br />(e8 Requestlor Notices, The parties hereby requ:estthat a copy of any notice of default hereunder and a,ccpji,of any notice
<br />of safe thereunder be mailed to each parry to this Deed of Trust at the address set forth above in the mariner prescribed by
<br />appircable law. gxcept for any other notice required under applicable law to be given in another manner, arty notice provided
<br />for in this Deed of Trust shall be given by marling such notice by certified mail addressed to the ethe=r parties, at the address set
<br />forth above. Any nali a provided for in this Deed of Trust shall be effective upon marling in the manner designated herein tf
<br />Trustor Is more than cre 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 reasormWei entries upon and inspections of the Property, provided
<br />that Lender shall give Trustor notice prior to any such inspection- specifying reasonable cause therefor related to Lender's
<br />interest in the Property.
<br />(g) Reeonveyanee. Upon payment of all sums secured. ty this Deed of Trust. Lender shall request Trustee to reconveythe
<br />Property and shall surrender this Deed ct Trust and all nctes- •+,dencing indebtedness secured by,•rh,.s Deed of Trust to Trustee.
<br />Trustee shall reconvey the Property without warranty Ord without charge to the person or persons legally entitled thereto.
<br />Truster 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 not otherwise declared or deemed to be a pgrt ot+.
<br />tile, (fiat GStalvp secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lerider'
<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; prcwded that Lender's rights and remedies under this va►agraph shaI2
<br />be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by
<br />Borrower or Trustor.
<br />(i) Liens and Encumbrances. Trustor•hateby warrants and represents that there is no defaul- render the provisions of arty
<br />mortgage. deed of trust, lease or purchase contract describing all or any part of the Property, or rather contract, instrument or
<br />agreement constituting a lien or encumbrance againatiall•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 disctosed 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 exisitrng and future Liens. shall pro"ptly 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 />0) 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 tithe amounts due and owing frcm ref -stor and Borrower in such order as Lender in its sole discretion deems desirable:
<br />(k) Severabili t. If any provision cf tn�s. Ceed of Trust conflicts with applicable law or is declared invalid or otherwise
<br />unenforceable, such conflict or invalidity sea 1: not affect the other provisoes of this Deed of Trust or the Note which can be
<br />givers ettect without the conflicting provision.; ara 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 " Scrrower" shall include both singular and plural, and when the Trustor and Borrower
<br />are the same person(s). those terms as used n this Deed of Trust shal interchangeable.
<br />(m) Goventfreg Law. This Deed of Trust shall be governed by is of the State of Nebraska.
<br />Trustor has executed this Deed of Trust as of the date written above.?
<br />(Veaa,kth E. Clark Trustor. Rusbgrftd)
<br />(Phyllis -A. Clark Trusty Wit`e)
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