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f 90-- 105681 18. MMaeparwm Provisions. (a) ftiowe Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Doed of Trust granted by Lender 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 shell not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Dead of Trust by reason of any demands made by the original Borrower and Borrower's successors In interest. (b) Lender's Power. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to lime and without notice (i) release any person so liable, 00 extend the maturity or alter any of the terms of any such obligations, (ill) 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 (vi) make compositions or other arrangements with debtors in rotation thereto. (c) Forbearance by Lender Not a Walter. 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 shat I not be a waiver of Lender's right to i;.. accelerate the maturity of the indebtedness securod by this Deed of Trust. (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con. tained 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 joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice t 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 certified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If 1 Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons. (Q Inspeellon. Lender may make or cause to be made reasonable entries upon and Inspections of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's I interest in the Property. (g) Recorweyance, Upon payment of all sums secured by th!s Deed of Trust Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures. equipment, and other personal property used in connection with the real estate or improvements located 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 Code. and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Dead of Trust, provided that Lender's rights and remedies under this paragraph shall i be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. (I) Liens and Encumbrances. Trustor hereby warrants 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 msbument or agreement constituting alien or encumbrance against sit or any part of the Property (calrectiveiy 'I tens"), exisibrag as of floe date of this Deed of Trust and that any and all existing Liens remain unmodified except as rasdicvt to Lender in Trustor s written disclosure of liens and encumbrances provided for herein Trustor shall timely ip9docm..a;r. •;r Trustois obligations, covenants, representations and warranties under any and all exisiting and luture Liens. shall prompt y :brward to Lender copies of all notices of default sent in connection with any and all existing or future ;.fens, and shalt not without Lender's prior written consent in any manner modify the provisions of or allow any future adirances under any existing or future Liens. 0) Appikellort of Psymentis. Unless otherwise required by law, sums, oaid to Lender hereunder, including without limitation payments of principal and interest, insurance proceeds, condemnabom proceeds and rents and profits. shalt be applied by Lender to the amounts due and owing from Trustor and Borrower in such a-row as Lender in its sole m isCrebon deems desirable (k) SevwabWly. If any provision of this Deed of Trust conflicts w tit. applicablee fait or is dectared invalid or otherwise unenforceable, such conflict or Invalidity shall not affect the other crovisons of th s Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end trio provisions of this Deed of Trust and the Note are declared to bs severable. (1) Terms. The terms "Trustor" and "Borrower' shall include both s,ngjiar and plural, and wht,r. t -a Trustor and Borrower are the same personls). those terms as used in this Deed of Trust shad be interchangeable (m) Governing Law. This Deed of Trust shall be govwned by the is us of the State of Nebraska Trustor has executed fhb Deed of Trust as of the date written above Coonqy Properties, Inc. T?u2p Trustor L .r4. — _ I