r
<br />i
<br />1
<br />gg.. 103256
<br />16. 1111I1isaNaneoue Providers.
<br />(a) DOOM Not Rekeasad. Extension of the time for payment or modification of amortization of the sums secured by this
<br />Deed of Trust granted by Lander to any successor in interest of Borrower shall not operate to release, In any manner, the tlabllity
<br />Of the original Borrower and Borrower's successors in interest Lender shall not be required to commence proceedings against
<br />such successor or refuse to extend time for payment or otherwise modify amortization of the Bums secured by this Deed of Trust
<br />by reason of any demands made by the original Borrower and Borrower's successors in interest
<br />mentioned, and without t affecting the fen or charge of this Deed of then person any for the payment of any obligation herein
<br />released as security for the full amount of all unpaid obligations. Lender may, from time of
<br />me and without notice (1) release any
<br />person so liable, (If) extend the maturity or alter any of the terms of any such obligations, (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 debtors in relation thereto.
<br />(c) Fodwomnce by Lender Not a Walm. Any forbearance 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 Cr remedy. The
<br />Procurement of Insurance or the payment of taxes or other liens or charges by Lender shall not be a wafverof Leader's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust
<br />(d) SUCceeme and Assign Bounds do" and Several Liability. Captions, The covenants and a r ,
<br />tained shall bind, and the rights hereurtd�tr stts)l inure to, the respective auceessors and assigns of Lenp and Truster. All
<br />covenants and agreements of Trustor sharl', be joint -end several. The captions and headings of the paragraphs of this Deed of
<br />T"l are for convenience only and are ftCt to be used to interpret or define the provisions hereof.
<br />(e) Request for Nokee: The parties hereby request that a copy of any notice of default hereunder and a copy et any rtctice
<br />Of sale hereunder be mailed to each 1raity� to this Deed of Trust a{ the address sef fonts above in the manner of arty ce
<br />applicable law. Except for any other notice required under applicable law to bo given rt another manner, any rxotfce provided by
<br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, Oft address set
<br />forth above. Any notice provided for in this Deed of Thlit,shall be effective upon. mailing in the manner deftnated herein, if
<br />Ttrjstor is more than one person, notice sent to the'ad0ress set forth above shall be notice to all such persons.
<br />(0 frapeetlon. Lander may make or cause to be made reasonable entries upon and Inspections of the Property, provided
<br />That Lender shall give Truster notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />01swed in the Property.
<br />(g) Reconwyance. Upon payment of all sums secure. by this Deed of Trust Lender shall request Trttstae to reconvey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed tit trust to Trustee.
<br />Trustee shall reconvey the Property 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) Pareeeal property. Security Agrsenrent. As additional security for the payment of the Note. Trusto�r hereby
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, grants
<br />used in connection with the real estate or improvements located thereon, and nototherwise declared orddeeermedt be property p
<br />the real estate secured hereby. This instrument shall hp, r nnctntisul e—a s c.:r::r'.r �u&u_rimi under said .;ode; and this Lender
<br />aiiaii hawail the fights 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, Lender's rights and remedies under any other security agmment signed by
<br />Borrower or Tnsetor.
<br />(I) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage, deed of trust, lease 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 WI existing Liens rem, air• unmodified except as disclosed to Lender in IfN t es
<br />written disclosure of liens and encumbrances provided.. foe,here:.n. Trustor shall timely perform all of Trustoes obligations,
<br />covenants, representations and warranties under arty and al exisitingand future Miens, shall promptly forward td.Lender copies
<br />of all notices of default sent i[s connection with any and ail existing or future Liens;,and shall not without (.tinder's prior written
<br />consent in any manner modify the provivors of or allow any future advances under any existing or futur4Lfens.
<br />(j) Application of Payments.. Unless otherwise required by law, scams paid to Lender hereunder, including without limitation
<br />payments of principal and interest insu.rarace proceeds, condemnation proceeds and rents acrd profits, shall be applied by
<br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its 6014 discretion deems desirable.
<br />'(k) Sevsrability. If any provision of this Deed of ,trust conflicts with applicable law or is declared frfvalid or otherwise
<br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can se
<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 />(1) Tears. The terms "Truster" and "Borrower" shall include bIs nd plural, and vcfren the Truster and Borrower
<br />are the same person (s), those terms as used in this Deed of Truschangeable.
<br />(m) Gwaming Law. This Deed of Trust shall be governed b e State of Nebraska.
<br />Trustor has executed this Deed of Trust as of the date written above.
<br />(VeArlethE. Clerk, Truster. .114aband)
<br />_.__,mac• ✓1' /� . r-- �
<br />(Phyllis , Clark, Trustor Wife)
<br />ca .
<br />i
<br />4W&Cn
<br />s•
<br />T
<br />w
<br />
|