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1 <br />90--' 105020 <br />16. 0bxatlaneous Pro"""", <br />(a) 'Bomwer Not Releaved. Extension of the time for payment or modification of amortization of the sums secured by this <br />peed of Trust granted by Lender to any successor in Interest of Borrower shall not operate to release, in any manner. the liability <br />of the original Borrower and Borrower's successors in interest. lender shall not be required to commence procoo!dings against <br />such euceaessw or refuse to extend time for payment or otherwise modify amortization of Me 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 />(t) Londltpre mowers. Without affecting the liability of any other person liable for the payment of any obligation herein <br />men tloned, and without affecting the lien or charge of this Deed of Trust upon any portion o1 the Property not Men or therollAwe <br />released as security Writhe full amount of all unpaid obligations. Lender may, from time to time and without notice (i) release any <br />person so liable, (M extend the maturity or alter any of the ter me of any such obligations, (lit) grant other Indulgences, liv) release <br />or reconvey, or cau3o to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, <br />(v).tadte or refuse a•nv other or additional security for any obligation herein mentioned, or (vi) make compositions or other <br />anangaments with dedY!anre In relation thereto <br />Rc) Forbearance try tender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded oy applicable law, shall not be a waiver of or preclude the exercise or any such right or remedy The <br />procure,mant of injura nce or the payment of taxes or other liens or charges by lender %hail rat IT+e a waiver of Lender's right W <br />aeeelefole -the maturity of the indebtedness secured by this Deed of Trust. <br />1 fat) Successors cad Assigns Bound; Joint and Smrel Liab(itty; Ceptlera. The cuvenan% and agreements heroin con- <br />tained shall blvd.. on:! V� a lights hereunder shalt inure to. the respective successors and assigns of Lender and Trustor Alt <br />covenants and alpeeme -mis of Trustor shall be joint and several The captions and headings of the paragraphs of this Deed or <br />j Trust are for convenience only and are not to be used to interpret or define the provisions hereof <br />(a) RtquW for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice <br />of sale hereunder be Trialled to each party to this Deed of Trust at the address set forth above in the manner prescribed by <br />applicable law. Fxceo, for any other notice required under applicable law to to given in another manner, any notice provided <br />for In this need of Trust shall be given by mailing such notice by certified mart addressed to the oche: parties. at the address see <br />forth above. Any notaJo provident for in this Deed of Trust shall be effective upon mailing in the manner designated herein It <br />Trustor is more ttmn one peatton, n-ouce sent to the address set forth above snail be notice to all such persons <br />(q Irapsctim. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lando. shall! g,vEe Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />Intorcat In the <br />(g) Reconreyani:a Upon payment of a1- `sLrns secured by this Deed of Trust. Lender shall request Trustee to reconvey the <br />Property and shelf s u r r ender iris Dead of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee <br />Trustee shall reconvey the Properr, without warranty and without charge to the person or persons legally entitled thereto <br />Truster shall pay all costs of iracordalwn, if any <br />(h) Personal Prcn"I $ecuilly Agreement. As additional security for the payment of the Note. Trustor hereby grants <br />Lender under the NoWaisio Uniform Commerrtal Code a security interest in all fixtures equipment and other personal property <br />used in connection wi -) the veal estate or improvements located thereon. and not otherwise declared or deemed to be a pats of <br />the real estate MCUT-aa hereby This Instrument shall be construed as a Security Agreement under said Code. and the Lender <br />shall have all the rights and remedies cf a secured party under said Code in addition to the rights and remedies created under <br />and accorded the Lender pursua ni in iNS Deed of Trust. provided that Lender s rights and remedies under this paragraph shall <br />be cumulative with. and in no way a jir Ulecrrr on Lender's rights and remedies under any other security agreement signed by <br />Borrower or Trustor <br />(I) Liens and Emcuff0ali Ices. Trustor hereoli warrants and represents that there is no default under the provisions of any <br />mortgage, deed of trust, least) or owctlase contract describing all or air IUar t of the Property. or other contract. instrument or <br />agreement constituting a lien or encumbrance against wi ur any part of 1110 Property M011e01ve1y. 'Lions­) existing as of the <br />date of this Deed of Trual, and ilia; any antl an existing Liens remair, ,mmndd,iM exi opt as losad to L render in Trirltor s <br />written disclosure of amens and encumbrarces rrovided for herein Trustor shall timely perform all of Truslor'S obligations, <br />covenants. representavors a nd watranlies u ndtr any and all exisiting and future Liens. shall promptly forward to Lender copies <br />of all notices of default sent w C31- ectlen wit• any and all existing or future Lens and shall not without lender's prior wntten <br />consent in any manner modify the provisicna of or allow any future advances under any existing or future Lions <br />p) Appllestlon of Psyments. LimNess otherwise required by law. sums paid to Lender hereunder including without limitation <br />payments of principal and interosl, in3ul.ance .aroceeds, condemnation proceeds and rents and profits shall be applied by <br />Lander to the amounts due and owing lice Truatnr and Borrower in swL h order as Lender in its sole desc rolion dooms desirable. <br />(k) i~0111ity. If any provision of 111,is 3:<nu of Trust conflicts wish applicable saw or is declared invalid or otherwise <br />unenforceable, such conflict or invalidity ehal not ♦affect the other provisonl of this Clued of Trust or the Note which can be <br />given effect without the conflicting provision, and lo this amid et•e provisions of this Deed of Trust and the Note are declared to be <br />severable <br />(1) Terats. The terms " Trustor' and Vorro,v.afi shat, a1ciudu both singular and plural. and w►ivsi the Ti„ytur sew Borrower <br />are the same perso i(s), those terms as userf r' INS Seed of Trust shall be intera.hangeable <br />inn► Governing Law. This Deed of Trust <br />Truslot has executed this Deed of Truest as o"l the <br />$:-:iii be gavotred by the laws of the State of Nebraska <br />dote written 7 ^0 vN T ' <br />l r �IW�Gr r liar •. <br />Trustor <br />Trustor <br />7 <br />, <br />axwr <br />I <br />