|
r
<br />t
<br />16. Mtsceia r4ous Provktrfo w
<br />(a) lbrrower Not ReNassd. Extension of the time for payment or M001catlan of liMortization of the sums secured by this
<br />Deed of Trust granted by Lender to any successor in interest of Borrower shall nct operate to releafe, in any manner. the Mobility
<br />of theoriginal Borrower and Borrower's successors in Interest Lender shall not berequired to canlmence proceedings against
<br />such successor or refuse-to extend time for paymentor otherwise modify. amceintion of the suMa *lured by this Dasd of Trust
<br />by reason of any demands made by the original Borrower and Borrower's successors in interest
<br />(b) Lender's Pew&& Without affecting the liability of any other person liable for Me payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of T!?lst upon any portion of the Property not Men or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender may. from time to time and without notice (i) release any
<br />person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (Ili) grant other indulgences. (iv) release
<br />or reconvey, or cause to be released or reconveyed at any time at Lenders eptian art juparcel, portion 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 Lendw Not art Waiver. Any forbearance by Lender in. exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable law, shall not to a waiver of. or precluder the exercise of any such right or remedy. The
<br />procurement of insurance or the payment of taxes or other liens cr chargos by Lender shall not boa waiver of L.ender's right to
<br />accelerate the maturity of the indebtedness secured by this Geed of. Tryst
<br />(d), Succomm surd Asslgea Boueed; Joint and Several Liability; Captions. The covenants and agreements herein con -
<br />talnect. stfajl bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All
<br />coveriunf itnd agnAments of Truster shall to joint and several. The captimas and headings of the paragraphs of this Deed of
<br />Truat.am for conveniitrice only and are net.tc -be used to interpret or daffrsc the provisions hereof.
<br />(E) 1 w1uset torNelkse. The parties hereby requestthata copy of arsy Mice 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 dress set forth above in the manner prescribed by
<br />applicable law. Except for any other notice required under. applicable laato be given in another manner, any notice provided
<br />for in this Deed of Tnlctshall be given t;y mailing such nogcd by certified; l�,ail addressed to the other parties, at the address set
<br />forth above. Any.. ngtit-e, provided'for in this Deed of Trust shall be effeclt *. upon mailing in the manner designated herein. If
<br />Truster Is more thaq gre person, notice sent to the address set forth &brf*a shall be notice to all such persons.
<br />(f); lifspeetlom.4er:der may make or cause to be made reasonable'6 tries upon and inspections of the Property. provided
<br />Mat l.dn Or shall give Trustor notice prior to any such inspe-ction specifying reasonable cause therefor related to Lender's
<br />IntereV.1rr .the Property.
<br />: ,14poo Ivey ire. Upon payment of all sums secured by this Decd &M-rust, Lender shall request Trustee to reconvey the:
<br />Proper' and ahaIsum der this Deed of Truster all notes evidencingrrej ?btedness secured by t:, Js Deed of Trust to Trustee.
<br />Trustee shall recomrgg,- -ate Property without warranty and without cha & to the person or persc•-as legally entitled thereto.
<br />Trustor shall pay allty,=i5;s, of recefdation, if any.
<br />(h)r?eramel Property; Secirdty Agreement, As additionat security. for the, pax _ of the ,vista. Trustor hereby grant
<br />Lender under. the Nehmska Uniform Commercial Code a security interest ist' 7 fixtures eq;ripmen" other personal property
<br />used in connacgort vrrah the real estate or improvements located thereon avid not ot":wise decla-" tar deemed to be a part of
<br />the real-estate secular! hereby. This instrument shall be construed as a .Sm-wity 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 aacorded 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) LNne and Encumbrances. Trustor hereby warrants and represent-; that there is no default under 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 a lien or encumbrance against all or any pan of the Property (collectively, "Liens'), existing as of the
<br />date of -this Deed of Trust, and tt;at any and all existing Ger1s, j'emain unmodified exvot as disclosed to Lender in TrWtOr's
<br />written disclosure of liens and e(ri"mbrances provided frr:i-arein. Trustor shall t:r;nwy perform all of Trustor's obligations,
<br />covenants, representations and warranties under any and all existting and future Liens, shall promp;11# forwardto Lander coples
<br />of all notices of defewt sent in connection with any and all existing or future Liens, and shall not w&:M Lender's prior written
<br />consent in any manner modify tho provisions of or allow any future advances under any existing or future Liens.
<br />0) AppNcallon of Psynwnb. Unless otherwise required by law, sums paid to lender hereunder, including without limitation
<br />payments of principal and interest, insurance proceeds, curdemnation proceeds and rents and profits, shall its. applied by
<br />Lender to the amounts due and owing from Trustor and Bor: caer in such order as Lender in its sole discretion deems desirable.
<br />(k) SevwabMilij. It any provision of this Deed of Trust conflicts with applicable law or is declared invalid �r otherwise
<br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Notes wd',ch can ; oaf
<br />given effect withoutthe conflicting provision, and to this end the provisions of this Deed of Trustanddie Note are &v:1ared to be
<br />severakle.
<br />ti) Terms. The terms "Trustor" and "Borrower" shall include both singular and ptizst. and when the Trustor a;re; Borrower
<br />:l
<br />are 'e. same person(s), those terms as used in this Deed of Trust shall be interchangeable.
<br />(m) Governing Law. This Deed of Trust *Nils be governed by the rawu of the State of Nebraska.
<br />' ustor has executed this Deed of trust as of tt-e dale written above.
<br />Susan L. Jeffres,'Ftht6t, A Single Person)
<br />Trustor
<br />
|