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104-700, <br />(a) • t8. MlaeeMaeteow Pr�eviNors. . <br />i (a) Omi mw Not RaNMad. Extension of the time for payment or modification of amortization of the sums secured by this <br />i 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 Borrower's successors in interest Lender shall not be required to commence proceedings against <br />such successor or reWse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower's successors in interest <br />(b) LeadWe Powem Without affecting the liability of any other person liable 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 for the full amount of all unpaid obigatiore, Lender may, from time to time and without notice() release any <br />t person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (ill) grant other indulgenc (Iv) release <br />or rsconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion indulgences. (Iv) <br />or all of the Property, <br />(v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other <br />arrangements with debtors in relation thereto. <br />(c) Forbearance by Landw 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. Thr_ <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' - <br />acceleratie the maturity of the indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns Hound; Joint and Sara -.a' U0111 4Y. Capdans. The covenants and agreements hereo,: colt- <br />twined shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Truster. Alt = <br />covenants and agreements of Trustor shall be 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 define the provisions hereof. <br />(e) Request for Notices. 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 />applicaCis:lw. Except for any other notice required under applicable taw L• be given in another manner, any notice provided <br />for in th!30=0 of Trust shall be given by mailing such notice by certified rrmalt addressed to the other parties, at the address set <br />faith atimmie.Any notice provided for in this Deed of Trust shall be effective-upon mailing in the manner designated herein. if ' <br />Truster is Mire than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(t! feaiooti8on. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lenderii)all give Trustor notice. Grier to any such inspection specifying reasonable cause therefor related ltr Lenders <br />interest in the Pro e <br />(g) Reeairsysn� upon paymentof all sur;%!secured by this Deed of Bust, Lender shall request Trustee to re6r 4y the <br />Property and shall sur.w.4er this Dwarf of Trust an zal.1 notes evidencing iad&%adness secured by this Deed of Trust t.. rrustee. ' <br />Trustee shall reconvey the Property/ vrM,.1out "- srity and without charge's the person or persons legally entitled thereto. <br />Trustor shall pay all costs of reccr+3iflrar. it any. ' <br />(h) Poo at Property; Security Agreemant.'Avs additional security tr_r. rite payment of the Note. Trustor hereby grants _ - <br />Lender underthe Nebraska Uniform Commercial CMe a security interest in rlt: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 o) <br />the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender <br />shall the rights and remedies of a secured party undrir w- ld Code in addition to the rights and remedies creased under <br />and ace w*Bd the Lender, pursuant to this Deed of Trust; pro,Adad that lender's rights and remedies under this paragr, ph shall <br />.be cumulative with. ard-i , noway a limitation on. Lender's rights and remedies under any other security agreemet%.,ned by <br />Borrower or Trustor. ' <br />(i) Liens and Enciy trances. Trustor hereby warrants and represents that there is no default undr� the provisions of arty. <br />mortgage, deed of trust, lease or curchase contract describing all or any part of the Property, or other contract, instrument or <br />agreement constituting a lien or erroumbrance against all or any part of the Property (collectively, "Liens"), existOg;'as of the <br />date of this Deed of Trust: and that any and all existing Liens remain unmodified except as disclosed to Lender-`M Trustees <br />written disclosure c NVis and encumbrances provided for herein. Trc <stor shall timely perform all of Trustees obligations, <br />covenants, represerfaan.lrs and warranties under any and all exisiting and fu!ure Liens, shall promptly forward to Lender copies <br />of all notices of defeuit.tuant in connection with any and all existing or future Liens, and shall not without Lender's prior written <br />consent i1• an ma�slur ^todity the provisions of or allow any future advances under any existing or future Liars. � <br />(t 4plicailWwolPsyments. Unless otherwise required by!aw, sums paid to Lender hereunder, including withouVimitation <br />payments ;;l priOo#!paf ui;d interest, insurance proceeds, cortiemnatipn proceeds and rents and profits, shail (:a applied by <br />Lender to the amouniu dune and owing from Trustor and Borrower ci •:uch cider as Lender in its sole discretion deems desirab!e ; �- <br />(k) SeverabMy. it any provision of this Deed of Trust confiic!s with applicable law or is declared invalid or otherwi sa <br />unenforceable, such conflict or invalidity shall not affect the other provisoes of this Deed of Trust or the Note which can U <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note aredc<lared to be <br />severable. <br />(1) Terms. The terms "Trustor" and "Borrower' shall include both singular and plural, and when the Trustarand Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(m) Governing 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 above. <br />( Haan L. Jeffres, T(Atijo Single Person) <br />Trustor <br />t <br />