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s9- 104119 <br />j' 18. MNceNaneous Provhlons. <br />t (a) Ibrrower Not Released. Extension of the time for payment ttr modification of amorUxation of.thft 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 amortiration 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 Powsn. 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 ao liable, (ii) extend the maturity or alter any of the terms of any such obligations, (ill) 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 lay 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 welvenot Lender's right to <br />accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Sound; Joint and Several Llabillty; 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)• Requestfor Notices. The parties hereby request that a copy of any notice of default hereunder,and a copy of any notice <br />of sate hereunder be mailed to each parry 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 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 Lender's <br />interest in the Property. <br />(g) Rsconvsyance. 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 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 Note. Trustor hereby grants <br />Lender under the Nebraska Uniform Commefdal �;& a sasurdt`; Interest to ell fiYt�aes, 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 shall be construed as a Security Agreement under said Code, and the Lender <br />shalt have all the rights and remedies of a secured party under, said Code in addition to the rights and remedies created under <br />and accordedtte 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) Liens. and Encumbrances. 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 any part of the Property, or other contract, instrument or <br />r�mbrance against all or any part of the Property (collectively, "Liens'), existing ass of the <br />agreement constituting a lien or enc <br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender i t Trustor's <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, shall promptly forward 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) Appikatlon 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 />ny provision of this Deed of <br />(k) Sevsrsbility. �f a Trust conflicts with applicable law or is declared invalid or otherwise <br />uneMorceahre such conflict or invalidity shall rCt.affect the other provisoes of this Deed of Trust or the Note which can be <br />given effectwithout the conflicting provision, and to this end the provisions of this Deed QE Trust and the Note are declared to be <br />severabie <br />(i); Terms. The terms "Trustor" and "Borrower" shall include bath sin4uraf.and plural, and when: the Trustor and Borrower <br />Ara the•same person(st.. those terms as used in this-Deed of Trustshall be irWrchangeable. <br />(m). Governing Lary. This Deed of Trust shall, be governed by the laws he Stato of Nebraska <br />Trustor has executed this Deed of Trust as of the date written above <br />. <br />Trustor %r(Roxy Clark) <br />N . 11�(I <br />(LJ�►`� <br />Trustor (Lori L.:Clark) <br />L <br />t <br />r• <br />