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F go, 105325 te. f111sosNarleotrs Mrevietsrae, (a) Ifleramser Met Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in Interest of Borrower shall not operate to release, In any manner, the liability of the original Borrower and Borrower's successors In Interest. Lender shall not be required to commence proceedings against such successor or tofu" to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors In Interest. (b) Lertdsrre Powem. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the Ilan or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. Lander may, from time to time and without notice (i) release any person so liable, (it.) extend the maturity or alter any of the terms of any such obligations, (iii) grant other Indulgences. (iv) release or reconvey. or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other srrangerrtants with debtors in relation thereto, (c) Fedotmenee by Lauder Mel a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable taw, shall not be a waiver of or preclude the exercise of any such right or rmnedy. The procurement of insurance or the psyneent of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the Indebtedness secured by this Deed of Trust. (d) W ccessas and Assigns Sound; Joint said Several Liability; Caption. The covenants and agreements herein con- tamed shall bind, and the rights hereunder shall Inure to. the respective successors and assigns of Lender and'Mustor. Ali coverearOn and agreements of TruClir Shall be joint and several The captions and headonge of the paragrephs oe ei•s Deed of Trust span "or convenience only stia, are not to be used to imterpret or define the provisions hereof. (e) Request lar Notices. The parties hereby request that a copy of Amy notice of default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed bit applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provid wt. for In this Deed of Trust shall be given by mailing such notice h1f certified mall addressed to the other parties. at the address set forth above. Any notice provided for In this Deed of Trust shall be effective upon mailing in the manner designated herein. 11 Trusts is more than one person, notice sent to the address set forth above shall be notice to all such persmi. (f) btepeegm. Lender may make or cause to be made reasonable entries upon and +nspectiarra of the Property, provided that Lender shaft gins Trustor notice prior to any such inspection ipacrivwq reasonative cause therefor reraled to Lender's interest in the Propoir , (g) Necatveyance. Upon payment of all sums secured b f t; Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Dead of Trust and all notes ere -aeencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any (h) Pereortal 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 shell be cumulative with, and in no way a limitation on, Landei s rights and remedies under any other security agreement signed by Borrower or Trustor. (1) Lkm and Encumbrances. Trustor hereby warrants and represents that there is no dolault under the provisions of any mortgage, dead of trust, lease or purchase contract descreVmq all or any part of the Property, or other contract, Instrument or agreement constituting a ten at encumbrance against of i or any part of the Property (collectively, "Lions"), existing as of the date of this Deed of Thal and oast any and all existing Liens remain unanodOmd e•cept as disclosed to Lender in Trustor's written disclosure at, tens and encumbrances provided for "arein Tfi.slor OW timely parforin all of Trustor's obligations. covenants, rpreseMoons and warranties under any and al+ exisiting and futura LAons. shall promptly forward to Lender copies of all moGm of dalau8 sent rrtoo,nnection with any and au eakalmg or future Liens, and snail not without Lender's prior written consent in any manner modify trio provisions of or allow any future advances under any existing or future Liens. (j) AppNeabft*VlPaymeft. Unless otherwise required by law. sums paid to Lender hereunder, including without limitation payments of pritxarpw and Interest, insurance proceeds, condemnation proceeds and tents and profits, shall be applied by Lender sa the amounts due and owing from Trustor and 94rrowar in such order as Lender in its sole discretion deems desirable. jk) SoaverabNNy. It any provision of this Deed of trues+' convicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisons of this Dued of Trust or the Note which can be given effect without the conflicting provision, and to this and the provisions of this Deed of Trust and the Note are declared to be severable. (1) Terms. The terms "Trustor" and "Borrower" shell include both singular and plural, and when the Trustor and Borrower are the same person(s). those terms as used in this Deed at Trust shall be interchangeable (ml Ormweleg Later. This Do" of Trust shall be govorne d by the laws of the State of Nebraska Truator DMN e>Ih'l L4*U of the date written abeva 7 - ♦ A. Clark. Trustor wife) (Venneth E. Clark TMVIOP— Ftusband) U�: 7 r- f—