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r- <br />90-105320 <br />10. mbomioro m Pnwialorts. <br />(a) Mille suss Nd Released. Extension of the time for payment or modification of amortinflairi of the sums secured by this <br />Dead of Trust granted by Lender to any successor in Interest of Borrower shall not operate to release. In any manner. the gsblllty <br />of the ortpinal Borrower and Borrower's successae In Interest. Lender shits not be required to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortitation of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower's successor In Interest <br />(b) Lender's Powse 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 riot then or theretolore <br />released as security for the full amount of all unpaid obligations, Lender may. from time to time and without notice (1) release any <br />person so liable, (l) extend the maturity or alter any of the terms of any such obligatkuts. (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 (vi) make compositions or other <br />arrangements with deblom in rotation thereto. <br />(o) Forbearance by Lender Nat a Wisher. Any fortwarence 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 at taxes or other Item or charges by Lender shall not be a waiver of tender's right to <br />accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Successors said Assigns Bound; Joint and Somal Liabilft Captions. The covenants and agreements heroin 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 ogreemente 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 ft provisions hereof. <br />(s) 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 so forth above in the manner prescribed by <br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provkied <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 />(1) InspeaMon, Lender may make or cause to be made reasonable entries upon and Inspections of the Property, provided <br />that Lehr shall give Trualof naiic-e pilot to any rsuct..zrpstrion &pacifying reasonable cause therafm ralatcd to Lender's: <br />interest In the Property. <br />%) Recon i"ance. Upon payment of all 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 reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. <br />Trustor 0*11 pay all costs of recordation, if any. <br />(h) Pensnal Properly. Security Aglow mm 1. 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 a scale or Improvements located thereon, and not otherwise declared or deemed to be a part of <br />Me 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 is secured party under said Code in addition to the rights and remedies created under <br />end accorded the Lender pursuant to this Deed of Trust, providso that Lender's rights and remedies under this paragraph shall <br />be cumulative with, and in no way a limitation oft, Lenitw's rights and remedies under any other eei:urity agreement signed by <br />Borrower or Trustor. <br />(i) Lion and Encumbrances. Trustor hereby warrants and retateaents that there is no dWamt im7w 4014 provisio%s of Any <br />mortgage, dead of trust, lease or purchase contract describing all a • any part of the Propiwty ,o, 4ow - ;entract inslr;ow.v a► <br />agreement constituting a lien or encumbrance against all or any past of the Property lcolN* V.vait. existing as our Me <br />date of this Deed of Trust and that any and all existing Liens remain unmo*4" except ae Mscloaev,lo Lender in Trustor's <br />written disclosure of liens and encumbrances provided for herein. Trustor vNi,, 0mely oor*)rm all a Trustor's obligations. <br />covenants, representations and warranties under any and all exisiling and future Liens, shall pr% +rnptiy forward to lender copies <br />of all notices of default sent In connection with any and all existing, y future Liens, and shok not without Lender's prior written <br />consent In any manner modify Me provisions of or allow any kb.vil• advances under any extsifng or future Liens <br />Q) Application of Payments. Unless otherwise required by taw, 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 to Via amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion downs desirable. <br />(k) 8werability. If any provision of thrs Deed of Trust conflicts with applicable law or is declared invalid or otherwise <br />uneMorceable, such conflict or invakdU4y .w -all not affect the ofte crovisons of this Dees nil Trust or the Note which can be <br />given elfecl without the conflicting prow% maa, and to this end the provisions o1 this Qsed of xrwiv and the Note are declared to be <br />severable. <br />(q Taints. The totem 1rruttor" and "Borrower' Vnas 'include foe singuia► are; !aWrnr, and when If* Trustor and Borrower <br />are the some personis), thcw terms ace used in this Dow of Trust snail be inlercrlangeUie <br />(m► GeaweMg Law. This Deed of T'rwe shall be governed Ot, 14e laws of the State of Nwrisma <br />Trustor has executla t this Deed of Trust as cat• i.­.# date written above 1 <br />I <br />(Ga lord L. Jensiaw* Husband <br />Cud;.. A0,.1, Al- <br />(Carol J.QJeesefidmw Wife <br />7 <br />mod- <br />