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201906870 <br />(b) Lender's Powers. Without affecting the liability of any other person <br />liable for the payment of any obligation mentioned herein, and without affecting <br />the lien or charge of this Deed of Trust upon any portion of the Property not then <br />or theretofore released as a security for the full amount of all unpaid obligations, <br />Lender may from time to time and without notice (i) release any person so liable; <br />(ii) extend the maturity or alter any of the terms of any such obligations; (iii) grant <br />other indulgences; (iv) release or reconvey, or cause to be released or reconveyed, <br />at any time at Lender's option any parcel, portion, or all of the Property; (v) take or <br />release any other or additional security for any obligation mentioned herein; or (vi) <br />make compositions or other arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in <br />exercising any right or remedy hereunder or otherwise afforded by applicable law <br />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 <br />Lender shall not be a waiver of Lender's right to accelerate the maturity of the <br />indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. <br />The covenants and agreements contained herein shall bind, and the rights hereunder <br />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 <br />headings of the paragraphs of this Deed of Trust are for convenience only and are <br />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 <br />notice of default hereunder and a copy of any notice of sale hereunder be mailed to <br />each party hereto 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 <br />given in another manner, any notice provided for in this Deed of Trust shall be <br />given by mailing such notice by Certified Mail addressed to the other parties at the <br />addresses set forth above. Any notice provided for in this Deed of Trust shall be <br />effective upon mailing in the manner designated herein. If Trustor is more than one <br />person, notice sent to the address set forth above shall be notice to all such persons. <br />(f) Inspection. Lender may make, or cause to be made, reasonable entries <br />upon and inspections of the Property, provided that Lender shall give Trustor notice <br />prior to any such inspection specifying reasonable cause therefor related to <br />Lender's interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of <br />Trust, Lender shall request Trustee to reconvey the Property and shall surrender <br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of <br />Trust to Trustee. Trustee shall reconvey the Property, without warranty and without <br />charge, to the person or persons legally entitled thereto. Trustor shall pay all costs <br />of recordation, if any. <br />(h) Personal Property; Security Agreement. As additional security for the <br />payment of the Note, Trustor hereby grants Lender, under the Nebraska Uniform <br />Commercial Code, a security interest in all fixtures, equipment, and other personal <br />property used in connection with the real estate or improvements located thereon <br />and not otherwise declared or deemed to be a part of the real estate secured hereby. <br />This instrument shall be construed as a Security Agreement under said Code, and <br />the Lender shall have all the rights and remedies of a secured party under said Code <br />in addition to the rights and remedies created under and accorded to Lender <br />pursuant to this Deed of Trust; provided that Lender's rights and remedies under <br />this paragraph shall be cumulative with and in no way a limitation on Lender's <br />rights and remedies under any other security agreement signed by Borrower or <br />Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that <br />there is no default under the provisions of any mortgage, deed of trust, lease, or <br />purchase contract describing all or any part of the Property, or any other contract, <br />instrument, or agreement constituting a lien or encumbrance against all or any part <br />of the Property, (collectively, "Liens") existing as of the date of this Deed of Trust; <br />and that any and all existing Liens remain unmodified except as may be disclosed <br />to Lender by Trustor in writing. Trustor shall timely perform all of Trustor's <br />obligations, covenants, representations, and warranties under any and all existing <br />and future Liens, and shall not, without Lender's prior written consent, in any <br />manner modify the provisions of or allow any future advances under any existing <br />or future Liens. <br />Page 5 of 6 <br />