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<br />16. Mkoaltaneous Proviblem 89- .104618
<br />(a) earner Not Released. Extension of the, !tr :,gty{yment or modification of amortization of the sums assured b!►this
<br />Deed of Trust granted by Lenderto any successor,ln interoi; M Borrower shalt not operate to release, in any manner. the liability
<br />of the original Borrower and Borrower's sucaessomincntsraoi LendershbIl not berequiredto commence proceedings against
<br />such successor or refuse to extend time tpr:peyt(tent +ar.. atiuiltiruine modify amortization of the sums secured by this Dead of Trust
<br />} by reason of any demands made by thd- odg tsaf:Barrawar,$ei Gorrowees successors to IntaresL
<br />(b) Lextder'e Powers. Without affecting -the liabiltty, of: any other person flame for the payment of any obligation herein
<br />mentioned, and withoutaffecting the lien or ctiarge+ot ,tilt; Eand of Trust upon any portion of the Property not then or theretofore
<br />released as security for fife full amount of al l unnald obligationt; Lender may, from time to time and without notice (1) release any '
<br />n so liable, (ii) extend the maturi ar sitars tot °.Its terrnsof an such obligations, ii) grantother indui ncea, N) release
<br />peso fY. � m� Y 9a' (i lie (
<br />or reconvey, or cause to be releaseddni recomtaytid at any -time at Lender's option any parcel, portion or all of the Property,
<br />((y ). take or release any other or addiftsnat!seourity_for anyrobligation herein mentioned, or (vq make compositions or other
<br />E a ngements with debtors in relation theratti..
<br />Forbearance by Lander Not a Walyier. Any forbearance by Lender, oiercising any rightw comedy hereunder, or
<br />dr-terwise earded by applicable taw; shau :not be a.waiver of or preclude the exercise of any suc - fljiht or remedy. The
<br />i pfdcurem>wzt —a insurance or the payrr"Atol.texesar4ther lions or charges by Lender shall not be a waiver of Lender's right to
<br />=6101. fat ..naturity of the indebtedness saotued by this Deed of Trust.
<br />Saeiet own and AssWw Bound;,Jaint.-and Seyeral Usbility; CapliamAw The covenants and a�- Moments herein con-
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<br />�d. and thturights herounderis+tail inure to, the respective so; sere and assigns cf -ai and Trustor. All
<br />nanti:i; ,.agree tent:; �bt.Trustor,shgii,be joint and several. The captio headings of the pa ^Ap'As bt this Deed of i'
<br />9 t; .,,
<br />Trust are tcs ni rvenienct only and `are not to be used to interpret or detnetm provisions hereof.
<br />(e) Ra!�. q Nfor Notices. The parties hereby requestthat a caph� zii.e i j notirA of default hereunder e l a copy.a° ft no
<br />of sale hereunder be mailed to each party to this Oeed of Trus al tdha.ai'ti3 ass set forth above in the' .4' nor pre' grjbed by
<br />applicable law. Except for any other notice required eider applicable law' ;n!begiven in another mannay.;eny notice provided
<br />For In this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other paAas, at the address set
<br />1 .rth above. Any notice provided for in this Dead of Trust shall be effective upon mailing in the manni6r4esignated herein. If
<br />Truster is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br />! M Impaction. 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.telated to Lender's
<br />tralerest in the Property-
<br />(9) Reconveyarim Wryxtn payment of all sums secured by this Deed of Trust, Lender shall request Tnistae to recenvey the
<br />Property and small surreniti; this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Tirsttbi.Trustee.
<br />Trustee shall meconvey t ,-- l?Taperty without warranty and wiffidul charge to the person or persons legally entitled iereto.
<br />Trustor shall pay all costs of ►r:- cordation, 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 Commercial Cede 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 o1
<br />the real estate secured hereby. This instrument shall 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 securit�;,$yreement signed by
<br />Borrower or Trustor.
<br />(i) Lien and Encumbrances. Trustor hereby warrants and represents that there is no default unci 1— he provisions of any _
<br />mortgage. deed Of trust, lease or purchase contract describing all or any part of the Prop&Tf,,. or cttw.. jGntract, insIM16nent or
<br />agreement constituting a lien or encumbrance against all or any part of the Property (ccl.:sciai4Sy, °?a r s " }, existic .eS z1 the
<br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as discicSEXc ice Lender in Trustor's
<br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all iJ: T- ustoes obligations,
<br />covenants, representations and warranties under any and alt exisiting and future Liens, shall promptly fc ward to Lender copies
<br />of all notices of default 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 of future Liens.
<br />(j) AppgcaVon 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 prof:a, shall be applied by
<br />.Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole dis_aVton deems desirable.
<br />(k) Sev rabNily. If any provision of this Deed d. Trust conflicts with applicable law or is declani,f invalid or otherwise
<br />urea forcaoWeA such conflict or invalidity shall not e`fect the other provisons of this Deed of Trust or the Note which can be
<br />l i gi t ^, e9ect w l0aut the conflicting provision, and to this end the. prnvisions of this Deed of Trust and the Note are declared to be
<br />severable_ ' �'
<br />p) Terms. The terry t "Trustor" and "Borrower" $hall include both singular and plural, and when iftr, i rustor and Borrower t;
<br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable.
<br />(m) Govaming Law. This Deed of Trust shall be governed by the laws of the State of Nebraalcru
<br />Trustor has executed this Deed of Trust as Of the date written above.
<br />Trustor (Gerald D: F deriksen)
<br />Trustor . June Frederiksen)
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