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90105783
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10/20/2011 7:09:49 PM
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10/20/2005 9:48:35 PM
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DEEDS
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90105783
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1 <br />18. MNaaManeaM Pritnimone. <br />90. 10:x'7 83 <br />r(a) Oloniatim Not Released. Extension of the time for payment or modification of amortization of the sums secured by this <br />1 ' Deed 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 shell not be required to commence proceedings against <br />such successor or refuse to extend time 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) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore <br />released as security for the full amount of all unpaid obligations. Lender may, from time to time and without notice (1) release any <br />person so liable, (11) extend the maturity or after 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 parvarl, 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) Forbearance by Lender Not a Waiver. 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 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 Indebtedni)si secured by this Deed of Trust. <br />(d) successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein can - <br />tained 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 rrot'to be used to interpret or define the provisions hereof. <br />(e) Request 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 mailed to each panty 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 under applicable law to be given in another manner, any notice provided <br />for in this Deed of Trust shall be given by mailing such notice by certified mail aidufressed to the other parties. at the address set <br />forth above. Any notice provided for in this Deed of Tr;;sf shall be effective upon mailing In the manner designated herein. If <br />Trustor Is mane than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(f) hupectl m Lender may make or Cause to be made reiisapab.t entries upon and inspections of the Property, provided <br />that I Andor shoji give Truster notice orlor to any such inspection soeCOying reasonable Cause the /afar related to Lender's <br />Interest in the Property. <br />(g) Reeonveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender -this Deed of Trust and all notes evidencing mdebteu:ness 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 entitled thereto. <br />Trustor shall pay all costs of recordation, if any <br />(h) Personal Property; Security Agreement. As additional ¢ecurity for lire payment of the Note, Trustor hereby grants <br />Lender under the Nebraska Uniform Commercial Code a security interest in all illmures. equipment, and other personal property <br />used In connection with the real estate or improvements located thereon, and no-t otherwise declared or deemed to be a ipart of <br />the real estate wured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender <br />shall have all the rights 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 agreement signed by <br />Borrower or Trustor. <br />(1) Uens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any <br />mortgage, deed of trust, lease or purcl as-e contract describing all or any pan of the Property, or other contract, Instrument or <br />agreement constituting a lien or enc umbrance against all or any part of the Property (collecuiiely, "Liens "), existing as 'ot the <br />dale of this Deed of Trust• aid that any and all existing Liens remain unmodified except as dosclosed to Lender in Trustor's <br />j written disclosure of liens and encumbrances provided for herein. Trustor soiai; timely perform all of Tiustor's obligations, <br />Icovenants, representations and warranties under any and all exisiting and future Liens. shall promptly forwarc to Lender copies <br />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 or future Liens. <br />(j) Appllwl im of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation <br />payments of principal and interest, insurance proceeds. condemnation proceeds and rents and profits. shall be applied by <br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. <br />(k) Setrerabglty. If any provision of this Deed of Trust conflicts with app'nLaDle law or is declared invalid or otherwise <br />f unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be <br />i 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 />1 severable. <br />(1) Terms. The terms "Trustor" and "Borrower' s„a'i include both singular ami plural, and when the Trustor and Borrower <br />ar'e the same person(s). lFrose terms as used in this Deed of Trust shall be inirar.lrangeable <br />(m) Governing Law. This Deed of Trust shall ee governed by the laws 011W State of Nebraskal <br />Trustor has execute -.V lids Deed of Trust as of .ne date written above <br />Edr n Zieks-t Trustor <br />TINA J ZISM 1 , Trustor <br />L <br />O R.M.M-r <br />! � <br />r11 � ��r+r �!►!" Kt jPtt A IPm <br />-I <br />j`•g <br />J <br />
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