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89-104116 <br />101 iMleceManearw Provbwa. <br />(a) filortoww Hot Released. Extension of the time for payment or modification of amortization of the sums secured by this <br />Geed of Trust granted by Lender to any successor in interest of Borrower shall not operate to rates". in any manner, the liability <br />of the original Borrower and Borrower's successors in Interest. Lender shall 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 inbred. <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) refuse any <br />person so liable, (II) extend the maturity or alter any of the terms of any such obligations, (111) grant other indulgences, (Iv) rehase <br />or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, 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 />(e) Forbearance by Lender Not a Walver. 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 Indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. ity; Captio The covenants and agreements herein con - <br />i 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 />i Trust are for convenience only and are not 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 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 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! addressed to the other parties, at the address set <br />forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. it <br />Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(Q Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Trustor notice prior to any such inspection• specifying reasonable cause therefor related to Lenders. <br />Interest In the Property. <br />(g) Recon"yanae. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey t~`te. - <br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustoo: <br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled therelm: <br />Trustor shall pay all costs of recordation, if an.)t.• <br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note. Trustor hereby grants <br />! Lander uads: tho No ;ranks Uriform. ^ernmerdal Code a security Interest sn ail rixhirAg, equloment, and other personal property <br />j used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of <br />the real estate secured hereby. This Instrumertshall 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 />(i) Liens and Emoumbrances. Trustor, hereby warrants and represents that there is no default under the provisions of any <br />mortgage, deed of trust, lease or purchase contract describing all or arty part of the Property, or other contract, instrument or <br />agreement constituting a lien, or• encumbrance against alt. or any part of the Property (collectively. "Liens"). existing as of the <br />date of this Deed of Trust, and that any. and air existing Liens remain unmodified except as disclosed to Lender in Trustoes <br />written disclosure of liens and encumbrances provided for herein. Trustor shill timely perform all of Trustoes obligations, <br />f covenants, representations and warranties udder any and all exisiting and future Liens, shall promptly forward to Lender copies <br />of all notices of detiult sent in connection with, any and all existing or future Liens, and shall not without Lenders prior written <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. <br />Q) Application of Payments. Unless otherwise required by law, sutras 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) Severabli . If any provision of this Deed of Trust conflicts w.th applicable law or Is declared invalid or otherwlse <br />i unenforceable, such conflict or invalidity shall not affect the other prowsons of this Deed of Trust or the Note which can be <br />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 />severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall inctude both singular and plural, and when the Trustor and Borrower <br />are the same persen(s), those terms as used in this Deed of Trust shah be Interchangeable. <br />(m) Governko.Law. This Deed of Trust shall be governed the laws of the State of N raska. <br />Trustor has executed this Deed of Trust as of the date written ab e <br />C v <br />John C. Trustor Hollow 11, Husband) <br />(Dorothy I. Trustor Hollowell, Wife) <br />L <br />r— _ <br />t <br />4__ <br />