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r <br />1 <br />90- -105321 <br />,a. fll sus ww" rfavNloas. <br />(a) ft a is r IN RsMased. Extenders of the ibis for payment or modification of amordxatlon of the suns secured by this <br />Dead of Trust grantled by Lender loony successor In interest of Borrower shall not operate to relesp, In any manner, the Ilabllily <br />of the original Borrower and Owirower's our-cameo ra In interest Lender shift not be required to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amorlintion of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrowaes successors in interest. <br />(b) Lets We Ilion se 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 therotofore <br />released as security for the full amount of all unpaid obligations. Lender may, from lima to time and without notice (i) release any <br />person so liable, (it) extend the maturity or alto any of the terms of any such obligations, (ill) grant other indulgences, (hr) 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 refuse any other or additional security for any obligation herein mentioned, or (vi) make compositions or other <br />arningenlsnts with deblors in relation theroto. <br />(c) Forbearance by Lender Nos a Waber. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />olherwrise afforded by applicable law, shall not be a waiver of of 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 Lander shall not be a waiver of Lender's right to <br />acoslerate the maturity of the Indebtedness secured by this Deed of Trust <br />(d) Successm and Assigns Bound; Mini and Semaf Llabdlly; Captions. The covenants and agreements herein con - <br />talnad shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All <br />covenants and agreennents 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 />(e) Recimat for Notlees. The ponies 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 law. Except for any other not" required under applicable law to be given in another manner, any notice provided <br />for in this Deed of Trust shall be given by mailing such notice by certified mall addressed to the other parties, al the address sell <br />forth above. Any notice provided for in this Deed of Trust shalt 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 />(I) A Ppiilern. Lender may make or cause to be made reasonable entries upon and insPectlana of the Property, provided <br />that Lander shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />lnls nut In the Prop". <br />(g) Reconeeyanse. 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 Propany without warranty and without charge to the person or persons legally entitled thereto. <br />Trustor shall pay all costs of recordation, if any. <br />(h) personal Property; Securf 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 part of <br />ten real state 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 ota secured party under said Code in addition to the rights and remedies created under <br />and accorded the Lander pursuant to this Deed of Trust, provided that Lenders rights and remedies under this paragraph shall <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 Trusts. <br />(I) Leos will Enpenlbrienees. Trustor hereby wArrants and represents that there is no default under the provisions of niiy <br />mortgage, deed of trust. Iease or purchase contract describing all or any part of the Property, or other contract, instrument or <br />agreement constituting a lien or encumbrance against all or any part of the Property 1colimlively. "Liens "). existing as of the <br />dale of this Deed of Trust and that any and all existing Lone remain unmodified except a% disclosed to Lender In Truslor's <br />written disclosure of liens and encumbrances provided for herein Trustor shall timely Worm all of Trustor's obligations, <br />covenants. mWesentallons and warranties under any and all exisiling and future Liens. shall promptly forward to Lender copies <br />of all notices of default sent. ri1 cunnection with any and all existing or future liens, and shall not without Lender's prior written <br />Consent Ith any manner modify the provisions of or allow any future advances under any existing or future Liens <br />0) ApYlilcnallon GO Payments. Unless otherwise required by law. sums paid to Lender hereunder, including without limitation <br />paymeints of principal and interest insurance proceeds. condemnation proceeds and rents and profits, shall be applied by <br />Launder to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discmOk" deems desirable <br />(k) tiw4webOy. H any provision of this Deed of Trust conflicts with applicable law or is declared i• -, i,s0d or otherwise <br />unenforceable, such conflict or invalidity shall not allect the other provisoes of this Deed of Trust or me %c,.: mt lch can be <br />given eflect without the coMllcbng provision, and to this end the provisions of this Deed of Trust and the Note aiw swDa ,4d to be <br />severable. <br />(1) Tenets. The terms " Truskor' Ortii - Borrower" shell include both singular and plutai. and when the Trustor and Borrower <br />are the same persorn(s), those berme as used in this Deed of Trust shall he mgtr-c nangeable <br />(m) Goventbg Law. This Deed of Trust shall be governed by thin lass rN rr*w Staff of Nebraska <br />Trustor has eximled this Deed of Trust as of ten date written above , r <br />(Otv 11e 0. Trpetor rQswlsett, Husband) <br />r � " <br />Mary K. Imettta trusm wife <br />I '. I <br />