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-.CL'. �� yiii %.� •. r l ipp1C�NV( �!' r�:: isil3tiliii�ftl�1W� 'r..i�u�,JjiiSi''•• c _ ilk ;,! � � i ! �---�. �Q,::.Y ir. 1. f� <br />90- 10G320 <br />Is, MNeeftneve prati+slioea. <br />(a) earrower Nei RNeased. Extension of the time for payment or modification of amorllzatfon of rise 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, rite IIWIHY <br />of the original Borrower and Borrower's successors In Interest. Lender aball not be required to commence proceedinga agalnet <br />Such Successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by Nation of any demands made by the arigfnat Borrower and Borrower's successors in Interest. <br />(b) Land 4 powers. Without affecting the lisbility o1 any other parson liable for the payment of any obtigstion herein <br />released <br />mentioned,and fo the full amount of alto repaid obligations. Lender n a y, from o time and Property without up t not a (� eieasa �nY <br />person so liable, (it) extend the maturity or alter any of the terms of any such obligations, (ail) grant other indulgences, (iv) release <br />of (v) take ore or cause to be ease any other or addlonall security itty for any obligation herein n mentioneydor (vl) madke compositions Or Other <br />arrangements with debtors in relation thereto. <br />(0) Forbearance by 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 ai 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 Dire. The covenants and agreements herein con- <br />tained Sarcceee" Seed ASSiOne BQundi 5)'oln11 and Swarm Lk*ft: CM?ff <br />shalt bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Trustor. Alt <br />covenants and agreements of Trustor shall tae 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 derive the provisions hereof. <br />(9) i ficr NoMcee, 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 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 matlinQ such notice by cerfified 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 m;Wf mr designated herein. If <br />Tnjawr is mom than one person. notice sent to the address set forth above shallbe notice to al sac h i:*50rt p <br />. (1) inspection. Lender may make or cause to be made reasonable entries u n and inspections st the Pro pe rovided <br />that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause thvre or related to Lender's <br />Interest In the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall requestTrustee 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 (nem an or persons legally entitled thereto. <br />Trwtor shall psy all costs of recordation, if any. <br />(h) persoarau property; Security Agreaaeetnt. As additional security for the payment 01 the Nam, Trustor hereby grants <br />Lender under the Nebraska Uniform Commercial Code a security Interest in all fixtures, equipment, pcid other personal property <br />used in connection with the real estate or iralp.mvements located thereon, and not otherwise declared or deemed to be a part of <br />tram 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 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 security agreement signed by <br />Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents n any part o the Property Or others onttrract. instrume t o <br />mortgage. deed of trual, 10696 OF purch&sv ra:rtroc. d__CribiRo _ <br />agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as Of the <br />date of this Deed of Trust, and thdi any and all existing Liens remain unmodified except as disclosed to Lender in Trwtors <br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, <br />covenant% representations and warranties under any and all exisiting anal future Liens, shall promptly forward to Lender copies <br />of all notices of default sent in connector witti any and all existing or !Lrw.e Liens, and shall not without Lender's prior written <br />consent in arny manner modify the provisions of or aliow, any future advances under any existing or future Liens. <br />0) Application o1 payrtrente. Unless otherwise reqei-e_ 4)y law, sums paid to Lender hereunder, including withoutlimitation <br />payments of principal and interest, insurance proceeds, candemnation 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 />(k) Severabiifty, If any provision of this Deed of Trust conflicts with applicable' taw or is declared invalid or otherwise <br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Noteare declared to be <br />severable. <br />(1) Terns. The terms " Trustor" and "Borrower" shall include both singular and plla7al, and when the Trustor and Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(m) Governful; Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />Trustor has executed this Deed of Trust as of the date written?WW_ —__,, <br />Trustor <br />! <br />i <br />1 <br />