Laserfiche WebLink
t <br />89 .10411'7 <br />16. M114CO ansoas ProvN110M. <br />(a) /srrowsr Not Released. Extension of the time for payment or modification of amortization of the sums secured by this <br />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 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 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 (I) release any <br />person so liable, (ii) extend the maturity or alter 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 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 />(c) 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.TWst. <br />(d) Successors and Assigns Bound; Joint and Several LiablMy; Captions. The covenants and agreements herein con- <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 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. If <br />Trustor Is more than one person, notice sent to the address set forth above shall; be notILe tar, all such persons. <br />(f) 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 Inspections specifying reasonable cause theretcr mated to Lender's <br />n t In the Property. <br />(g) Reconveyanee. Upon payment of all sums secured by this Deed of Trust, Lender shall request Truster to reconvey the - <br />Property and shalt surrender this Deed 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 entitled thereto. _ <br />Trustor shall pay all costs of recordation, if any. -_- <br />(h) Personal Property; Security Agreement As additional security for the payment of the N o t heretoy grants ` <br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property <br />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 instrument shalt be construed as a Security .Agreement.un ler 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 undlec <br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shat <br />i 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 Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions otany <br />mortgage, deed of trust, lease or purchase contract describing all or any part of.the Property" or other contract, instrument or <br />agreement constituting alien or encumbrance against all or any part of the Property (collect;vely. "Liens "), existing as of the <br />date of this Deed of Trust, and that aay and all existing Liens remain unmodified except as disclosed to Lender in Trustoes <br />! written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations. <br />covenants, representations and warranties under any and all exisiting and future Liens, shdlt.0romptly forward to Lender copies <br />of all notices of default sent in connection with any and all existing or future Liens, and shaU 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 />Q) Application of payments. Unless otherwise required by law, sums paid to Lender hereunder, incl4d.Mg without limitation . <br />payments of principal and interest, insurance proceeds, condemnation proceeds and rents and prolate, shall be applied by <br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discrevon deems desirable. <br />(k) severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise 4 ._ <br />unenforceable, such conflict or invalidity shall not affect the other provisons 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 Notre are declared to be <br />severable. <br />(1) Terms. 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) Governing Law. This Deed of Trust shall be governed by the laws of the State of Neb.Taska. <br />Trustor has executed this Deed of Trust as of the date written above <br />Trustor (Rodger L. Williams) <br />Trustor (Geralyn Williams) <br />L <br />w <br />