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89104740
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Last modified
10/20/2011 10:24:46 AM
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10/20/2005 9:58:02 PM
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DEEDS
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89104740
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L <br />1 <br />6.. 11111WOaeeow ProvNiorte. 89— 12cle7 <br />(a) derrower titrit RNeaged. Extension of the time for payment or modification of amortization of the sums digs <br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release. In any manner. the liab!!Iry <br />of the original Borrower and Borrower's successors In interest Lender shhfl not be required to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured bythis Deed of Trust <br />by reason of arty demands made by the original Borrower and Borrower's suceessora in interest <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and withoutaffecting the lien or charge of thia Deed of Trust upon any portion of the Properly not then ortheretofore <br />released as security for the full amount of all unpaid obligations. Lender may, from lime to time and without notice (f) release any <br />person so liable, (ii) extend the ms,urity or after any of the terms of any such obligations, (iii) grant other indulgences, (iv) releaie <br />or reconvey. or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Properly, <br />(v) take or release arty other or additional security for any obligation herein mentioned. or (vi) make compositions or other <br />arrangements with debtors in relation thereto. <br />(c) Farbawance by Lender Not a Waiwr. Any forbearance by Lender in exercising any right or remedy hereunder. or <br />otherwiw-.afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The <br />"Pracum"Ient of insurance or the payment of taxes or other liens or charges by Lender shall not boa waiver of Lender's right to <br />accelerate the maturity d.. the indebtedness secured by this Deed of Trust <br />(d) Sucssrteors .a 9rw Bound: Joint and Several Llsbi f. Capflona. The covenants and agreements herein con - <br />talned shall bind, and+" right!. l erihjnder shall inure to, the respective successors and assigns of Lender and Trustor. All ' <br />covenarmia td agreements &TINstM 811811 be joint and several. The captions and headings of the paragraphs cf.11tis Deed of <br />Trust are for convenl`erma only and are not to be used to interpret or define the provisions hereof. <br />(e) Regwet WKdk s. The parties hereby request that a copy of any no^dce of default hereunder and a copy of qny notice <br />of sate hereunder firs msmiled to each party to this Deed of Trust at the address set forth soave In the manner prescribed by <br />applicable law. ExcwfSar 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 to the other parties, at•thatiddress set <br />forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designa(w herein. If <br />Trustor is'-more than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(f) Irwpection. Lender may make or cause toibe made reasonable entries upon and inspections of-the Property, provided <br />that Lender shall give Truster notice prior to arrl ksch inspection specifying reasonable cause therefor related to Lender's <br />interest 0.4he Property. <br />(S), Reconwysnce. Upon payment of all sar'rz imcured fib this Deed of Trust. Lender shall request Trustee to reconvey the <br />PropOy if 4rxd shall surrender this Deed of trust 2rld ail noosed dencing indebtedness te-curod by this Deed of TrustO Trustee. <br />Trustee shall reconvey the Property without waranty and. without charge to the pawn or persons legally en LL� thereto. <br />Truster shall pay all. coos of recordation. if any. <br />(h) personal Protpady. Security Agreement. As addWon:el security for the payment of the Note. Truster he:-ety grants <br />Lender ixr er the Nebraska Uniform Commercial Code a secauitj interest in all fixtures, equipment, and other persdriW property <br />used in winnection with the real estate or improvements iociA thereon, and not otherwise declared or deemed to tale a part of <br />the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the lender <br />shaft have all the rights and remedies of a secu-edparty under said Code in addition to the rights and remedies created under <br />aPd accorded the Lender pursuant to this Deedrf Trust; provided that Lender's rights and remedies under this paragraph shall <br />be=rOative with, and in noway a limitation on..Lender's rights and remedies under arty other security agreement signed by <br />13dr,:*4t or Trustor. <br />(iq Wims and Encumbrances. Truster herety warrants and represerl's tf,at there -izno default under the provisions of any <br />mortgage. deed of trust, lease or purchase contract describing all or na:y prn of the Property, or other contract instrument or <br />agreement constituting a lien or encumbrance against all or any part cl ttm Property (collectively, ' Liens!'), existing as of the . <br />date of this Deed of Trust and that any and all existing Liens remain Lilmodified except as disclosed to Lender in Trustcei <br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Truster's •:bligaticft: <br />covenants, representations and warranties under any and ail era siting and future liens, shall promptly forward to Limil,:r copies <br />of all nouces of default sent in connection with any and all er.-.sting or future Liens, and shall! not without Lender's PM' r written <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. <br />(j) Application of Payments. Unless otherwise required bylaw, sums paid to Lender hereunder, including without limitation <br />payments of principal and interest. insurance proceeds, condemnation proceeds and rents and profits, shall be applied by <br />Lender(r the amounts due and owirsg from Truster and Bormwer in such order as Lender in itssole discretion deems desirable. <br />(fit);Lowrablilly. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise <br />unentcrurable, 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) Terms. The terms "Truster" and "Borrower" shall include both singular and plural!, and when the Truster and Borrower <br />are the same person(s), those terms as used In this Deed of Trust shall be interchangeable. <br />(m) "orning 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 />A Trustor (/JJ /eM M. Ita) <br />�"t •L�.(. '�'a'YL� <br />Trustor (Gwalyn J. Williams) <br />Ir>Ebw ftclgipx L. Williatts <br />1 <br />1 <br />all <br />
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