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89103254
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89103254
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Last modified
10/20/2011 3:22:22 AM
Creation date
10/20/2005 9:41:06 PM
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DEEDS
Inst Number
89103254
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r: <br />i s <br />r <br />gg- x.103254 IUO% <br />8 <br />to. MINOoneon Provisions. <br />(a) Borrower Not Rslaased. 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 tiabltlty <br />of the original Borrower and Borrower's successors In interest. Lender shilil not be requlred to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Dead 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 />penioe so liable, ll� extend the maturity or alter any of the terms of any such obligations. (M) grant other Indulgences, (iv) release <br />or.reoonvey, or cAuste 10 tre released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, <br />(Vj IR ke or release any other. or additional security for any obligation herein mentioned, or (vq make compositions or other <br />arralctgements with debases m m7ation thereto. <br />(c:) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded' by applicable N w, shall not be a waiver of or 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 lender shall not be a waiver of Lender's right to <br />acce*ate the maturity of the fvdebt:dress'secu-ed by this need of Trust. <br />Gip Successors and Assigitns Illou d;Joint and Sever.l Lability; "aptlons. The covenants and agreements herein con- <br />tamed shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Truster. All <br />cQVenants and agreements of Truster shall to joint and several. The captions and headings of the paragraphs of this Deed of <br />Trost are for cgnvenlence only and are not to be used to Interpret or define the provisions hereof. <br />(e) Request for Nodes& The parties hereby request that a copy of any notice of default hereunder and a copy of any notice <br />of,salq hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by <br />aW4bbla law. Except for any other notice required under applicable law to be given in another manner, any notice provided <br />for Ens this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set <br />fcir above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. It <br />Tmstor is more than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(1) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Properly, provided <br />that Lender shall give Trustor notice prior to any such Inspection specifying reasonable cause therefor related to Lender's <br />IrtliffestIn the Property. <br />r (g)• Reeonveyance. Upon payritent ofalt sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the <br />Pr�erty and shall surrender this Deed: ct Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br />Thtstee shall•reconvey the Property Without warranty acrd without charge to the person or persons legally entitled thereto, <br />Trustict 311811 pay all costs of• recordation. if any. <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note. Truster 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 />the Mal sb secured thnieby. Tint instrumeni snail be construed as a security Agreement under said Code, and the Lender <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; provided that Lender's rights and remedies under this paragraph shall <br />be cumulative with. and in no way a limitation on, Lander's rights and remedies under any other security agreenle nt signad by <br />Borrower or Truster. <br />(I) Liens and Encumbrances. Truster hereby warrants and represents that there is no default under the provisions of any <br />mortgage, deed of trust, tease 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 (collectively, "Liens "). existing as of the <br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender In Truster's <br />vrritten disclosure of liens and encumbrances provided for herein. Truster shall timely perform all of Truster's obligations. <br />Covenants, representations and warranties under any and all exisiting and future Lidns, shall promptly 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 />paaycner!ts of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by <br />L'ertder to the amounts due and owing from Truster and Borrower in such order as Lender in its sole discretion deems desirable. <br />(k) Severabmy. If any provision of this feed of Trust conflicts with applicable law or is declared invalid or otherwise <br />unenforceable, such conflict or Invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br />severable. <br />M Terms. The terms "Truster!' and "Borrower" shall Include both singular and plural, and when the Truster and Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(m) Qoveming Law. This Deed of Trust sffaft be governed by the laws of the State of Nebraska. <br />Truster has executed this• Deed of Trust as of the date written above. J <br />J . g u i _L jTrustor <br />Bonnie Ag I i I a I Tlbfcl <br />M <br />G <br />_1 <br />
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