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1 . <br />89--. 104781 <br />,s. MNcdl.rt.etw . <br />(a). ft m vw Not Rglsesed. Extension of the time tdx ra'yrment or moditication of amortization of the sums secured by this <br />Bleed of Trustgranted by tender to any sua093ssyr in infgzatof Borrower shalt notoperats to relem in anyrnannar, the IWwtty <br />of ft original Borrower and Borrower's successors in. intprest. Lender shat) not be required to commence proceedings against <br />such successor or refuse to extend time fax payment crctfterwise modify amortizatton of the sums secured by this Deed of Trust <br />by reason of any demands made by the orlglnal Oorrr Y44P'and Borrower's succrssorts In interest <br />(b) LwwWa Powers. Without affecting the liabilifir- olijlrlV.. other person liable for the payment of any obligation herein <br />mentioned, and withoutaffecting Mellen or charge of thirt VeO of Trust upon any portion of the Property not then ortheretofore <br />released as security for the full amount of all unpaid cbIlgatlann. Lender may, from time to time and without notice (I) roles any <br />person so liable, (fl) extend the maturity or atleranl(cfthe terms of any suchobligations (iii) grant other Indulgences. (iv) release <br />or reconvey, or cause to be released cr recanveyed:at any time at Lender's option any parcel, portion or all of the Property, <br />(v) take or release any other or additional. securllit'• for any obligation herein mentioned -or (vi) make compositions or other <br />arrangements with debtors in relation therratu. ' • <br />(c) Forbearance by Lowder Not a WaNser. 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. The <br />procurement of insurance or the payment of tares or other liens or charges by Lender shalt not be a waiver of Lender's right to <br />accelerate the maturity of the indebtedness sequmd by this Deed of Trust <br />(d) Successors and AssWe Itbued;:Johit and Savoiral Liability; Captions. The covenants and agreements herein con- <br />tained shall bind. and the rightly. hareurddi shalt inure to, the respective successors and assigns of Lender and Trustor. All <br />covenants and agreements cf Tnlstnr. shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are for convenlernr rras`y:erd:.are r alto be used to interpret or define the provisions hereof. <br />(e) Request for I Allimti. The parties hereby request that a copy of any ratce of default hereunder and a copy of any notice <br />of sate hereunder. Oe rn+'''ilid to each, per-Ty-to tf.ds Deed of Trust at the addom set forth above in the manner prescribed by <br />applicable taw: Except for any cthar notice requtte¢-under eppticable law to be given In another manner, any notice provided <br />for in this Deed et Trust shall I:e gFtseri,f:y mailing such notice try certified mail addressed to the other parties, at the address set <br />forth above. Any notice prrivtdgdfcr in this Deed of Trust shFO be effective upon mailing in the manner desigratmd - herein. If <br />Trustor is more than cne peraen, notice sent to the address set forth above shall be notice to all such persons. <br />(1) trapection. Lendoc m" make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor relates to Lender's <br />Interest fn: the Property. <br />(g) Roconveysnee..Upen payment of all sums secured &y the Deed of Trust, Lender shall request Trustee to reramrey the <br />Property and shall surrender this Geed of Trust and all notes evdeneing indebtedness secured by this Deed of Trustfa. Trustee. <br />Trustee shall reconvef tfse Property without warranty and without charge to the person or persons legally en'tok titesete <br />Trustor shall pay all ", s of recordation, if any. <br />(h) Personal Property; Security Agreement As addit'.cr i. sscunty for the payment of the Note, Trustor h_sct'sy C • <br />Lender under the Nebraska Uniform Commercial Code a secu my Interest in all fixtures, equipment and other perso,...% r p.:-neriy <br />used in connection with the real estate or improvements lac2Rg: thereon, and not otherwise declared or deemed to be a part of <br />the real estate secured hereby. This instrument shall be cars °. ed as a Security 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 accorded the Lender pursuant to this Deed of Trust; pea:. "zed that Lender's rights and remedies under this paragraph shall <br />be cupm alive with, and in no way a limitation on. Lender's r iii-.iw and remedies under any other security agreemenZ signed by <br />Borrow*. ar Trustor. <br />(t) lik". and Encumbrances. Trustor hereby warrants a. d °eprese;°tt Jnat there is no default under the pro%i�jz:s of any <br />mortgage, deed of trust., lease or purchase contract describing all or s.-,6 part of the Property, or other contract, instrument & <br />agreement constitufirQ_ a lien or encumbrance against all or any part 17r- Property (collectively, "Cocas "). existing ae of L". <br />date of this Deed of Tryst, and that any and all existing Liens remz'.r uTrrudified except as disclosed.t,� Lender in TrustorV <br />written <"Aclosure of liens and encumbrances provided fcr r•rrl;ri. Trustor shall timely perform all of Trustoes obligation`s,• <br />eovenaells. representations and warranties under any and a t s rk yang and future Liens, shall promptly forward to Larder copies <br />of all maces of default sent in connection with any and all evisr:: ^g or future Liens, and shall not without Lender'sFor:Or written <br />consent In any manner modify the provisions of J,, allow any future advances under any existing or future Liens.'' <br />Q) Application of Payments. Unless otherw, ;;erequired bylaw. sums paid to Lender hereunder. including Iimitation <br />payments of principal and interest, insurance „r•o:eeds. ccrdemnation proceeds and rents and profits, shall Ix:, applied by <br />Lender to the amounts due and owirg from Trustor and Bornemwl in such order as Lender in its sole discretion fti- Msidesirable. <br />(k) Sevarabifity. If any provisicr, of this Deed of Trust'o;;nflicts with applicable law or is declared invalid':ar ,atherwdse <br />unenforceable. such conflict or inva:idity shall not affect the other provisions of this Deed of Trust or the Note Which can be <br />given effect without we conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to tca• <br />severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall inciode both singular and ptr ru: and where ti-e Trustor and Borrower <br />are the same person(s), those terms as used in this Deed ci •sivst shall terchangr- -!pie. <br />(rn) (Tow riing Law. This Deed of Trust shall be governed by thp4aws 91 the StaE at Nebraska. <br />Trustor has oknecuted this Deed of Trust as of the date written above. <br />(v h E. Trustor ark, Hivaband) <br />(Phyla s A. Trustor Clark, Wife) <br />F` <br />L <br />R7 <br />.. v <br />