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F <br />Is Nbcol hells plowleioa. 90— 105401 <br />(a) Monower Not llalssesd. Extension of the time for payment or modification of amortization of the sums secured by this <br />f Dead of Trust granted by Lender to any successor in Interest of Borrower shall not operate to release. In any manner, the liability <br />of life original Borrower and Borrower's successors In Interest. Lender shall not be required to commence proceedings against <br />such succeswr or refuse to extend tbne for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower's successors in Interest <br />(b) Lor4sr's Payers, Without affecting the Habrlity of any other person liable for the payment of any obligation herein <br />! no Vioned, and wistwut affecting the pert or charge of this Deed of Trust upon any portion of Ilia Property not than or therelolore <br />relsssed as secur lity for the full amount of all unpaid obiquibons. Lender may. from lime to tans and wdhout notice p) release any <br />parson so liable. (A) extend the maturity or after any of the terms of say sure m abligations, (W) grans olM► wndutpence s, (iv) rpteaav <br />or reconvey, of cause to be relesesd or reconveyed at any time at Lendw'a cOwn a p parcef. portion or all of ere PrO"rty, <br />(v) take or release any other or additional security for any obligation herein mor7:ontkJ. or (vi) make compatuitioraa or other <br />arrangements with debtors In rotation thereto. <br />' (c) Forbearance by Lender Not a Waltrw. Any forbearance by LenrAw 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 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 />accelerate the maturity, of the indebtedness secured by this Deed of Trust. <br />(d) Sucosssors and AtiNgrfs Golfed; Joint and General Llabgffy; Captions. The covenants and agreements heroin con- <br />talned shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All <br />covenants and agreements 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 />(a) fleglteellallorcee. The parties 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 notice required undw applicable law to be given in another manner. any notice provided <br />for In this Dead of Trust shall be given by mailing such notice by cenified mail addressed to the other parties, at the address set <br />j forth allow. Any notice provided for in this Dead of Truat shall be effective upon nisiling in the manner, designated herein N <br />Trustor Is more than one person. notice sent to the address set forth above shall be notice to all such persons. <br />(Q hopsCNen. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />' that Lender shall give Tiuslor notice prior to any such inspection soecifyina reasonable cause therefor related to Lender's <br />i Interest in the Property. <br />(g) Recontreyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Dead of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entilled thereto. <br />Truster shall pay all costs of recordation, it any <br />(h) Persons Property; Security 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 popomy <br />l used in connection with the real estate or Improvements located thereon, and not otherwise decldr9n or downed to be a par10 1 <br />the real estate secured hereby. This Instrument shall be construed as a Security Agreernerr ornief acid Code, trod the Lender <br />shall have dl the rights and remedies of a secured party under said Code in addihor•, it, the rgmri ar4 Remediex ,crested under <br />i and accorded this Lender pursuant to this Deed of Trust, provided that Lender's ilghis and vem,edies under thiu ; arsgrsph shall <br />be cumulative with, and In no way a limitation on, Lender's rights and comedies undo► any o orwz imcii( ty agreement signed by <br />Borrower or Trustor. <br />(q Liens and EnouNbronves. Trustor hereby warrants and represents that there is no default under the provisions of arty <br />morigage, deed of bust, tease of purchase contract describing all or any ,part of the Property, or other contract, instrument a <br />agroement constituting a lien of encumbrance against all or any part of the Property lcollecbvely, "Lions'*). existing as of the <br />date of this Dead of Trust and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustat's <br />written disclosure► of liens and encumbrances provided for herein Trustor shall bmeiy perform all of Trustor's obligattom, <br />1 covenants, representations, and warranties under any and all exislbng and future Liens, shall promptly forward to Lander copies <br />I) 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 of future Liens <br />(1) Appkat)en of lraylnet►ta. Unless otherwise required by law, sums paid to Lender hereunder, includmt; without IimlWUon <br />payments of principal and Interest, insurance proceeds. condemnation proceeds and rams anc profits, shall be applied by <br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender set its 804c discretion deems desirable <br />ilk) MaitlerabMity. If any provision of this Deed of Trust conflicts with applicable 11aw or is declared invalid or otherwise <br />unenforceable, such conflict or invalidity shall not affect the other provisons yr tln s Deed of Trust or the Note which can be <br />given effect without the conflicting provision. and to this end the provisions of this C*ao of Trust and the Note of* declared to be <br />s vorable. <br />(1) Tamils. The terms "Trustor" and "Borrower" shall include both singular and plural. and when the Trustor and Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable <br />(m) Gave nitlg Law. This Deed of Trust shall be governed by the ws of Her Stab of Nebraska <br />Trustor has executed this Dead of Trust as of the date written above <br />ohn J / GilleatpieTruA III) Huigband <br />r <br />(Cynthia M. GillespWl" Wife <br />, <br />w', • "I;�llf l)rij;IltN4ifi11t A tltiiwf'i' , <br />L <br />07 <br />a <br />' ►.ice. <br />4 <br />OR <br />