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i;ti• iv' .t F'37tVsr. _ <br />90_..106277 <br />18. MiscNMnsous P-6111 te. <br />(a) am owes Noll Rdessed. 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 Borrowers successors in interest. Lender shaft not be required to Commence procesdir4s against <br />such successor or refuse to extend time for payment or oti th -wise modify amoitization of the sums secured by this Dead of Trust <br />by reason of any demands made by the original Borrower and Borrower's successors in interest. <br />(b) Lender's Palirers. Without affecting the liability of any other person Uabte 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 tar the full amount o1 all unpaid obligations, Lender may, from time to time and without notice (i) release any <br />or 1released otatany Obligations, l o release <br />i g i o <br />reconvey, or cause to be or reco v yeda ny time ende 'o y parcel. portion O a f the Propoty. <br />(v) <br />take or release any other or additional security for any obligation herein mentioned, or (vl) make compositions or other <br />arrangements with debtors in relation thereto. <br />(o) Forbearance by Londar [flag a Walver. Any forbearance by Lender in exercising any right of remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exorcise 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 Trust. <br />(d) Successors and Asa4ta Bound, Joint and Several LI&Wty: Captions. The covenants[; and agreements herein con- <br />tained shall bind, and the rights hereunder shall Inure to, the respective successom and assigns of Lender and Trustor. All <br />covenants and agreements of Trustor shall be joint and several. The capbons 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 far Notieee. 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 tothe 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. tt <br />Trustor is more than one person, notice serif f>?• 1is address set forth above shall be notice to all such persons. <br />(f) Inspeclbn. Lender may make or cause to be mada reasonable entries upon and Inspections of the Property, provided <br />Vrat Lender shall give Trustor notice prior to any such inspection specifying reasonablee cause therefor related to lender's <br />interest in Vve f?roperty. <br />(g) R .,. 4 once. Ulk r? payment of all sums secured by this Deed G?f Trust. Lender shall request Trustee to reconvey the <br />Property and sl'ntil. surresdcr'Its Deed of Trust and all notes evidenctrg indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shalt' hzccrvey yea• Pllz,erty without warranty and without crsv:ge to the person or persons legally entitled thereto. <br />Trustor shall pay all cash of: mo.7rdation, it any. <br />(h) Personal Propu,: S+azv,* Agreement. As additional security for the payment of the Note, Trustor hereby grants <br />fs <br />U. fifer under the Nebraska Unit -;n Commercial Code a security interest tit all fixture~, ragwpment, and other personal property <br />cased in connection with the steel estate cr nrp,ovements located thereon. mad not otherwise declared Q• deemed to be apart of <br />rte real estate secured heresg. This irstrame*it shall be construed as a Security Agreement under still Code, and the Lender <br />-:i ^all have at Ijtre rights and remedies of a secured parry under said Code i n addition to the rights acct• : emedies created under <br />+3 accorded s��e Lender t1w ► grant to this Deed of Trust N,-.izxided that Lender's rights and remedies under this paragraph shall <br />17,e cumulative with, and In rC way a limitation on, Lender's ngrlis and remedies under any other security agreement signed by <br />[Borrower or Trustor. <br />(i) Liens and Encumbrances. Truster hereby warrant and rap:o~ :that Were no default Linder 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 />agreement constituting Wien or encumbrance against all or any part of the Property (collectively, "Liens'), existing as of the <br />date of this Deed of Trust, arrd ttat any and all existing Liens remain unmodified ercept as disclosed to Lender in Trustor's <br />written disclosure of liens and j:rcumbrances provided rr_r herein. Trustor shall trrrrely perform all of Trustoes obligations, <br />covenants, representations •aa,d Xxerranties under any and a exisiting and future Liens, shall promptly forward to Lender copies <br />of all notices of default sent a iµ aft, existing or future Liens, and shall not without Lenders prior written <br />consent in any manner modify the provisrrr_•, ct rr zr ow any future adeaavices under any existing or future Liens. <br />(j) Application of Payments. Unless r,_zcm.jj:e1Ity law, sumsr7w.d to Lender hereunder. Irduding without limitation <br />payments of principal and interest. insunarce. prr,�t,-t—_ts. azndemnahon proceeds and rents and arotils, shall be applied b)(• <br />Lender to the amounts due and owing from r f or art S mzwer in such order as Lender in its sole ct=stion deems desv -, icc <br />(k) Soverability. If any provision of this Deed of ­ r,�. "conflicts with applicable law or is declared invalid or otl ?eru+se <br />unenforceable, such conflict or invalidity,sit.aA not affecf Me other provisions of this Deed of Trust or the Note Oe <br />given effect *iif ,cut the conflicting provi% ,rr, and to this end the provisi•1ns of this Deed of Trust and the Note are declared to' <br />severable. <br />(1) Terms. The terms "Trustor" and " Ssrower" shall include bon vr., ar anddi:i'al, and when the Truster and Borrower <br />are the same person(s). those terms as used in this Deed of Trust shai: �_,e intercra,:ipea51e. <br />(m) Governing Law. TftisCeed of Trust shall be governed by the laws of the Suln,of Nebraska. <br />Trustor has executed this Deed cf. Trust as Of the date written above. <br />��ai► <br />r <br />(Jose_ f3. erguson)Trusteed/ <br />(C�1<C2e me M. Fergusortj TruStv'>'' <br />r <br />` ,=— <br />r: <br />