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JIM <br />90- 106355 <br />= -_ - <br />(a) dsntwese Not ftelsssed. Extenslon of the time for payment or modification of amortization of the sums secured by tlils <br />Dad of Trustgranted by Lender to any successor in Interest of Do: rower shall not operate to release, In any manner, the liabltrfy <br />of the original Borrower and Borrower's successors In interest Lender ahatl not be required to commence proceedings against <br />such successor or refuseto extend time for payment or otherwiso modify amortization of the sums secured bythis Deed of Trust <br />= . <br />- <br />by reason of any dematMs made by the original Borrower and Boaower's successors in Interest <br />- - <br />(b) Len Wa Powers. Without affecting the liability of any other person Ilabte for the payment of any obligation twain <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 />=_ - <br />released as security for the full amount of all unpaid ota:;gations. Lander may, from, time to time and without not'wa (0 (e!aase enY <br />person so liable, pi) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences. (iv) release <br />or reconvey. or cause to be released or reconveyed at any time at Lender's option any parcel, 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 rotation thereto. <br />- <br />(c) Forbearance by Lender Not a Waver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />-. - <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 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 />�( <br />Ell <br />(d) Succeamm and Assigns Sound: Joint and Several Llabllityl Captions The covenants and agreements herein con- <br />talned shall bind, and lite rights hereunder shall inure tn, the respective successors and assigns of Lender and Trustor. All <br />of <br />covenants and agreements 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 cnterprel• or define the provisions heraef. <br />(9) RoWsbfar Noticas, The parties hereby request that a copy of any notice of default hereunder and a copy of any notice <br />by <br />of sale twaunder be mailed to each to this Deed of Trust at the address set forth above in the manner prescribed <br />Partll P <br />applicable lawn. Excm3ghTior any other notice required under applicable law to be given in another manner, any notice provided <br />tj;;,; ; ; _ <br />for in this Deed ot, rT• u4shall be given by mailing ouch notice by certified mail addressed to the other parties, at the address set <br />ff''C? '`;,:,'. r; ='_ � c' <br />forth above. Any notioe provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If <br />Trustor Isrrrirmt9 than one person, notice sent to the address set forth above shalt be notice to. all such Person!. <br />/ -7 i`•'�: <br />M ianeliYE son. Lender may make or cause to be made reasormVe entries upon and IrM.eolm7ns of the Property, provided <br />that Las(inmr wall give Trustor notice prior to any such inspecdrn r.,gecifying reasonable coxge'v'terefor related to Lender's <br />?= ..y• , .= it)1'A +t�?� <br />interest on rite Property. <br />(g) lRaranwyana. Upon payment of all sums sac used by this Deed of Trust, Lender shall re4oastTrusixieno reconvey the <br />= _ <br />Prop"",,,' shall surrender this Deed of Trust and all nairm evidencing indebtedness secured by this Deed. art Trust to Trustee. <br />• <br />`� <br />r 'r <br />Trustee, slid: reconvey he Pro without warra. iwd w Maul charge to the person or perms i• atI y entitled thereto. <br />Y Property 'ri•Y 9 Pe �? 3 <br />Trustor-M& pay all costs of recordation, if any. <br />(h) FWGOnal Property. Security AgreemeaL As additional sp:arity for the payment of ifse twate, Trustor hereby grants <br />^ ' <br />Lender under the Net,raska Uniform Commercial Code a securtt i gterest in all fixtures, equipment and other personal prop" <br />f eq <br />used in connection wff,+uhe real estate or improvements located thereon, and not otherwise declared or deemed to be a part of <br />the real estate secured -hereby. This Instrument shall be coresqued zz a Security Agreement under said Code, and the Lender <br />sad.'Code in addition to the riGhils and remedies created under <br />;. <br />shall havesll the rights and remedies of a secured party under <br />%- ?f.,; <br />and acconfl i the Lender pursuant to this Deed of Trust providrwl Iliat Lender's rights and re eahas under this paragraph shall <br />:' ' :; ..• <br />be cumulaltie with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by <br />:..•�;�' s'1,! ;;' �, <br />Borrower tr Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under tree crovisions of any <br />r,vigage. died of a. at, Wass or purch.:ac antract describing all or an.Y ^a-'1 of the Property. or coy •y ? Instrument or <br />i <br />agreempent constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens'fi existing as of the <br />disclosed to Lender in TrusWriz <br />date of- fts Deed of Trust and that any and all existing Liens remain unmodified except as <br />Truetci <br />written. (brelosure of liens and encumbrances provided for herein. Trustor shall timely perform all of a obligations, <br />covenanrz, representations and warranties under any and all exisiting and future Liens, shall promptly forward to Lender copies <br />of all netces of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written <br />the of or allow any future advances under any existing or future Liens. <br />tie <br />,.., <br />consaixt in any manner modify provisions <br />(j) lAti"kation of Payments. Unless otherwise required bylaw, sums paid to Lender hereunder, including without limitation <br />. <br />payments of principal and interest inwrance proceeds, condemnation proceeds and rents and profits, shall be applied by <br />s • ; <br />Lender to the amounts due and owin hvm Trustor and Borrower in such order as Lender in its sole discretion deems desiraWe. <br />(k) SeverabHlty. If any provision of this Deed of Trust conflicts with applicable law 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 />?� <br />given effect without the conflicting provision, and to this end the provisions of this Dead of Trust and the Note are declared to be <br />severable. <br />(1) Terms. The terms "Trustor" and "Borrower' siaall include both singular and plural, and when the Trustor and Borrower <br />are the same person(s), those terms as used oi d?;s Geed of Trust shall be interchangeable. <br />(crj, Goventing Law. This Deed: ct- Trust sl%vt be Sovemej i^y< the laws of the State of Nellraska. <br />rsystor has executed this Deed of Truss: as. of- the d -113 wtitten a(tgs-e- <br />> <br />g, <br />Tiv.�x;.r <br />Cmtral 1l11re;erttera X= <br />:.• <br />TrU7 <br />By: <br />.. . _.. <br />Robert Less rg, esr t <br />