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200007903 (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, equipment and other personal property used in connection with the real estate or improvements located thereon and not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens ") existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under any and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. Q) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end, the provisions of this Deed of Trust and the Note are declared to be severable. (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. Nebraska. above. (m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Trustor has executed this Construction Security Agreement Deed of Trust as of the date written LUTHERAN HIGH SCHOOL ASSOCIATION OF CENTRAL NEBRASKA, INCORPORATED By 7-1 qyy RaD Ke p, C airpe► on By Cil Patricia A Brase, Secretary