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16. Miscellaneous Provisions.
<br />88- -10478O
<br />�^ (a) ebrrotwer Not RefNased. Extension •01 the time for payment or modification of amortization of the 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. the liabilit4f .
<br />of the original Borrower and Borrowers successors in interest Lender shall not be required tocommence proceodingsagainst:
<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 reason of any demands made by the original Borrower and Borrower's successors 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 wifhoutaffecting Me lien or charge of this Deed of Trust upon any portion of the Property notthen or theretofore '
<br />± released as security forthe 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, (iii) grant other indulgences, (iv) release
<br />i 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 ether
<br />arrangemens with debtors in relation thereto.
<br />(d) France by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwisF-- of aided by applicable law, shall ndt be a waiver of or preclude the exercise of any such right or remedy. Ttia• _
<br />procurerrO.Tof insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's righttp -
<br />nrcetemiLi fife maturity of the indebtedness secured by this Deed of Trust
<br />(d) Stitidessors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements hereh con
<br />r twined ahaa'Ji fbind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and .Trtl&tt1%'Ali
<br />covenants w.d agreements of Trustor shalt be joint and several. The captions and headings of the paragraphs ot,dtls:R of,,
<br />Trust are for convenience only and are not to be used to interpret or define the provisions hereal
<br />(e) Request for Naisyes. The parties hereby request that a copy of any notice of default hereunder and a copy of arty AQ iG@
<br />cf sate hereunder be ^mac ;i%! to each party to this Deed of Trust at the addius% set forth above in the manner preaerl0ed.by
<br />a�plicable- taw. EKCep'rr a:ry other notice required under applicable law to be given in another manner, any notice vidrarf'
<br />rpr. fn ihist "qfT;: c3` s :311 be given by mailing such notice by certified mail addressed to +he otherparties, at the ad tser
<br />�:ah abctiya iAny nc�oi':,�rovided fcr in this Deed of Trust shall be effective upon mailing. In -the manner designated. ff{rrim.It; ' r
<br />Trustor is more tha.-r .G erson, noaca sent to 177 address set forth above shall be notice.to all•sueh persons..,
<br />(f) hapeetlon. Leridai; may make or cause to to made reasonable entries upon and inspections dt file Property. prau ded! '
<br />` that Lender shall give Trrustor notice prior to a-.s s :ch inspection specifying reasonable cause thdrefor related to, Lender's
<br />interest frr:(iu; Property.
<br />(g) Ri initmoyance. Upon payrpo,*ial a;l s 'ms secured by 5 ?;s Deed of Trust, Lender &.all request Trustee to ram m* the'.
<br />Property a -fl, Tphall surressIer this Desl:criTrust and all notes evidencing indebtedness secured bythis Ceed of,Trustto Trustee. '
<br />Trustee shall reconve) 11` e. Propeq. , wiltaut warranty and without charge to. the person or persons tagalljt entitled thereto.
<br />Trustor shall pay all coVz of recorda ;z r, if any.
<br />(h) Personal Property; Socur ft Agreement. As additional security for the payment of the Nola, Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other perscnaf. property
<br />used In connection with the real estate or improvements located thereon, and not otherwise declared or deemed to fits 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 />shall have all the rights and remedies of a secu red 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 fights and remedies urrderMtis paragraph shall
<br />1 be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security,.greemerst signed by
<br />Borrower or Trustor.
<br />0) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under ;he provisions of any
<br />mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or othaa'=4ract.Instrument or
<br />a<;reement constituting a lien or encumbrance against all or any part of the Property (collectively, "U.'a :s'1. existing as of the
<br />date of this Deed of Trust and that any and all e0,19ing Liens remain unmodified except as disctosed-to Lender in Trustor's
<br />written disclosure of liens and encumbrances pra-sded for herein. Trustor shall timely perform all of Trustor's obligations,
<br />covenant.,.representations and warranties under any and all exiw *ing and future Liens, ,411&1, , promptly forward to Lender copies
<br />C" all nctces of default sent in connection with a., aid all ex , ?rg or future Liens, and se all 11 not without Lender's prior written
<br />consent in any manner i_r:odify the provisions of-ar ulow any 9,,ture advances under any existing or future Liens.
<br />Q) Appkation oil Payments. Unless otherw i 4e r e ,fired by 'aw, sums pfd to Lender hereunder, including without limitation
<br />payments of principal and Interest, insurance proceeds, ccndemnation proceeds and rents and profitu, shalt be applied by
<br />i Lender to the amounts due and owing -from Trustor and Borrower in such order as Lender, in its sole discretion deems desirable.
<br />(k) SeverabiNty. If any provision & this Deed of Trust conflicts with applicable 'w* or is declared invalid Qr'aiherwise
<br />unenforceable, such conflict or invalid'.2y shall not affect the other provisory of this Deed of Trust or the Note wbi0i can be
<br />..given effect without the conflicting provision, and to this end the provisions ,zT tibia Deed of Trust and thea-fticte are declared to be
<br />• "verable.
<br />(1) Terms. The trums "Trustor" and "Borrower" shall include both) s;%y A-a:• and plural, and when the Trustor and Borrower
<br />are the mile person(s), those terms, as used in this Deed of Trust s15 •• ,(nterchangeatle.
<br />(m) GavtenkV Law. This Deed of Trust shall be governed b a laws of the State of Nebraska.
<br />Trustor has exrtc :ed this Deed of Trust as of the date written above r r
<br />E. Clark, Trustor Husband)
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<br />(Phyllia,4. Clark, Trustor l4ife)
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