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;sue <br />S:s iii.: <br />...........1_,.rn ail` i <br />go--, 100242 <br />It Mlabollanea+. Pravltlons, <br />(a) ffmreheer pot HoWnsda Extension of the time for payment or modification of AM01 AN -011 of the sums secured by this <br />Deed of Trust granted by Lender to any suc80MY in Inisra;t of C,zrrowsr shalt not operate to release. In any manner, the liability <br />of the original Borrower and Borrower's succesaws in Interest. Lender shall not be required M commence proceedings► againt t <br />such successor or rsArse to extend WNW payment or otherwise moldy amortization of the sums "cured by this Deed of Trust <br />by sewer► of any demands made by the original Borrower and Borrower's sucreuors In interest. <br />(b) Leader's Pbrrew. Wiftut affecting the liability of any other person liable for the payment of any obligation horain <br />mentioned. and without affecting tho lien or charge of this Deed of Trust upon any porn of"Property not then or thufetfwa <br />released es security for MOO amount o1 all unpaid obligations. Lender may. from time to time and without notf:a (i) rt:'lMse any <br />person so liable, (ii) extend the maturity or after any of the terms o1 any such obligations. (iii) grant other lndu)genxfa (a) release <br />or reconvey. or cause to be released or reconveyed at any time at Lenders option any parcel, portion or all of the Property, <br />(v) or roles** any other or additional security for any obligation herein mentioned, or (vi) make compostNons or other <br />arrangements with debtors in rotation thereto. <br />(c) Forbearance by Lender Not a Walwr. 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 llens or charges by tender shall not boa waiver of Lender's rightto <br />accelerate the maturity of the Indebtedness secured by this Deer: of Trust. <br />(d) Suecesean and Assigns Bound; Joint and Several Ubblfity; Cas=fiortsa The covenants and agreements herein con - <br />tained shall bind. and the rights hereunder shah inure to, the respective successors and assigns of Lender and Truster. All <br />cc -anants and agmments of Trustor shall be joint and several. The captione and headings of the paragraphs of title Deed of <br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof. <br />(el RerpwNfor NaYceea The parties hereby request that a copy of any notice of default hereunderand a copy of any notice <br />of sate hereunder be mailed to each party to this Deed of Trust at the address set forth above In the manlier 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 mailings such notice by certified malt addressed to the other parties, at the address set <br />forth above. Any notice provided for In this (teed oft 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 nonce to all such Wis ams- <br />M Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Prop". provided <br />that Lender shall give Truster not a prior to any such inspection specifying reasonable cause therefor related to Lender's <br />Interest in the Property. <br />(g) RseonvWsgics. Upon payment of all sums secured by th—: Deed of Trust, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Deed of Trust and all notes evldencing indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shall reconvey the Property without warranty and wittuavi charge to the person or persons legally entitled thereto. <br />Trustor shall pay all costs of recordation, if any. <br />(h) personal property; Seveff Agreement As additiotat security for the payment of the Note. Trustor hereby grants <br />Lender under the Nabmska UrJfbnn Commercial Code a security Interest in all fixtures, equipment, and other personal property <br />used in connection wild's I,e real ( oa+le or improvements located thereon, and not otherwise declared or deemed to be a part of <br />the real estate secured'henty. Th's dnstrvment shell be construed as a Security Agreement under said Code, and the Lender <br />shall have all the rights and rertTedbiUi a secumd parry under said Code in addition to the rights and remediies created under <br />and accorded the Lender pursuar -1 minis Deed of Trust: provided that Lender's rights and remedies under this paragraph shndl <br />be cumulative with, and in no v>;a); a Limitation on, Lender's rights and remedies under any other security agreement signed by <br />Borrower or Trustor. <br />(1) Us= and 'eneumbrancow Trustar hereby war(arts an4 rep;raiaa «athmt there Ir no deeft ult under the provisions ng Arty <br />mortgage, deed of trust, lease or purchase contract describing all ar any Part of the Property, or other contract, instrument or <br />agreement constituting a lien or encumbrance against all or any part ofthe Property (collectively. "Liens'), existing as of the <br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustees <br />written disclosure of liens and encumbrances provided for't.erein. Trustor shall timely perform all of Trustees obligations, <br />covenants, representations and warranties under any and atl iexrsfting and future Liens, shall prompttyforward to Lender copies <br />of all notices of default sent in connection with any and a!! ex +sting or future Liens, and shall not without Lender's prior written <br />consent in any manner modify the provisions of ar aJlaw arry future advances under any existing or future Liens. <br />U) AppUcatlonrea Payments. Unless law, sums paid to Lender hereunder, including without limitation <br />p*ments of prit, cigar. and interest. insurance r,>� ;ems. =ndemnatlon proceeds and rents and profits, shall be applied by <br />Lend ar ,:"h =uriz due and ohcahrgfrom Tru9!cxar4 I°awn %war.in such order as Lender in its sole discretion deems desirable. <br />Q§• Sreiyeih�Ild�U )y.. if any prouislzn p1 this Deed. ,ct' Cru81: ccnfi cts with applicable law or is declared invalid or otherwise <br />unentiorosebi'e.. su Jt• =nflict or invalidity shall net• arxe--Z' 'Ine Vier provisons of this Deed of Trust or the Note which can tie <br />given provision, and td an:i tnr provisions of this Deed of Trust and the Noe are deelarM 13 u <br />severaile- <br />_ <br />1), Teens. The terms "Trustor" and "Borrower" sisal! �nc%ul a both sing ui .-ar and plural, and when the Trrussar and So", corer <br />are me: name person(s), those terms as used in this Deere a'. nn it shalt be m.terchangeable. <br />(m) +Governing Law. This Deed of Trust shall be guun!nex 1 ?y the laws cf she State of Nebraska. <br />Trustor has executed this Deed of Trust as of the daze *%ntten above. <br />s Z:z <br />(Kenneth E. Shuda,Trustor Rusba=d) <br />CDianne K. Shuda, Trustor Wife) <br />.,. Ri. _ ;�.r !tip ff` : �= • , <br />lw —' <br />v <br />f' <br />I. <br />l: <br />I': <br />