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89-- 143257 to. MiaceNuteim ProvNiorte. (a) 11IRiTeUrer Nol ReIMS . Extension of the time for payment or modification of amortization of the sums secured by thls Deed of Trust granted by tender 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 ahail not be required to commence proceedings against such successor or retuaa 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 mentbned~a & wit hout ttecNng the lion ton charge the liability ofith al of an oTrust other perso liable for the payment of any obligation herein released as security for the full amount of all unpaid obligations. Lender may, from time to of me and iWitthoutonotice n(I) release theretofore person so liable, (ii) 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 (vq make compositions or other arrangements with debtors in relation thereto. (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The 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 accelerate the maturity of the indebtedness secured by this Deed of Trust (d) SWGO@wm and Assigns Smod; Joint and Several Liability; Captions. The covenants and agreements herein con - fained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor Shall be faint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not (o be used to interpret or define the provisions hereof. (e) Requestfw Nodese. The parties hereby request that a copy of any 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 by applicable law. Except for any other notice required under applicable law to be given In another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by c0btid mall addressed to the other partits,, at the address set forth above. Any notice provided for in this Deed. of Trust shall be effective upcn mailing in the manner designated herein. If `lruStor is more than one person, notice sent to the ad*ess set forth above shall be notice to all such persons. that Lander e eshaall given Teustor notice prior to any such uch d inspection specifying reasonable on ble caucseotherefo e elated o. provided Interest in the Property. (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and ef► notes evidencing indebtedness secured by this Deed of Trust to Trustee Tweeter shall l reconvey the Property without warranty and without charge to the person or persons leWly entitled thereto. pay all costs of recordation. it any. (h) Persei+aat Property: Security Agreement. As additional security for the payment of the Nate, Trustor hereby grants L,ehderunde 'the Nebraska Uniform Commercial Code asecurity interest in all fixtures, equipment;artaofher personal property used inconhection with the, MW estate or improvements tocated 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 Coop and the L--.der shall f mye all the righ ft and. i .cults vi ra secured parry 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 rernedles under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any outer security agreement signed by Borrower or Trustor. (I) Liens and Encumbrances. Trustor hereby waerants and represents that there is no default under the provisions of any mortgage. deed of trust, lease or purchase contract describing all or any part of the Property. or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens'), existing as of the date of this Deed of Trust, and that any and all existing Liens remai=n unmodified except as dl$dosed to Lender in Trustoes written disclosure of liens and encumbrances provided for herein. Trustor shall timely peftern all of Trustor's obligations, covenants, representations and warranties under any and all exisiting and future Liens, shall promptly forward to Lender copies of alit notices of default sent in connection with any and all existing or future Liens. and shall not without Lender's prior written consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. �) Applkatlon of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation payments of principal and interest, Insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower In such order as Lender in Ibisclediscretion deems desirable. . (k) Severabi ty. if any provision of this Deed of Trust, conflicts with applicable law or'!4 declared invalid or otherwise unenforceable, such conflict or Invalidity shall not affea the other Provisions of this Deed ofTcit`tor the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed severable. of Trust and the Note are declared to be (1) Terns. The terms "Trustor" and "Borrower" shall include bout singular and plural, and when the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shalt be interchangeable. (m) 3oveming Law. This Deed of Trust shall be governed by a th e. State of Nebraska. stor h Truas executed this Deed of Trust as of the date written above. (Ve E. Clark, Trustor H aband ) (Phylli A. Clark, Trustor Wife) • � f