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■r <br />P' <br />S' <br />• <br />I <br />i <br />i <br />i <br />f <br />I <br />L,. <br />,s_ Misoeftrw" ftoft ne. — 0 8„ 6 <br />(a) Osrrowee Not Recessed. Extension of the time for payment or modification of amortiiatio�� the sums secu y this <br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, In any manner. the Ilatflity <br />of the original Borrower and Borrower's successors in interest. Lender Will not be required to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortization of thesums secured bythis Deed ctTrug <br />by mason of any demands made by the original Borrower and Borrower's successors In interest <br />(b) Lender's Pemof Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and without affecting the lien or charge of this Dead of Trust upon any portion of the Property not then or theratafare <br />released as security for the full amountof all unpaid obligations, Lender may, from time to time and without notice (i1 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) relesse <br />or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion cr all of the Property, <br />(v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or odw <br />arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable taw, 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 cr charges by Lender shall nct be awaiuer of Lender's right to <br />accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns Bound: Joint and Several Lfab'My: Captiorts.. The covenants and agnm -rents herein•ccm. <br />talned shall bind, and the rights hereunder shall inure ta. the re�-,,ective successors and assigns cf Lendw and Trustor. All <br />covenants and agreementsof Trustor shall be joint aryd.se'rerV. The captions and headings Othe l+aMr qft of this Deed of <br />Trust ere for c--mvenience only and are rat to be used tr.' .;rftergret or define the provisions herect.,_ <br />(e) 'Requsstfor Notices, The parties i ereby requee'N iat a copy of any notice of default hemint +.,erairdi a -copy of'any notice <br />of safe hereunder be malted toeach party, to this Deed of Trust at the address set forth above ii* 11h-- mw.'ver prescribed by <br />applicable law. Except for any other novice required under applicable law to be given in another rr amw Xny notice provided <br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to tht��tt:r pc:c'ies, at the address set <br />forth above. Any notice provided for in fil;s Deed of Trust shall be effective upon mailing in Om r L—ner designated herein. If <br />Trustor is more than one person, notice sent to the address set forth above shall be notice t� a`^J such persons. <br />(f) Inspection. Lender may 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 themb.- - rrnlated to Lender's <br />Interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust. Lender shall.request Trustee to recenvey the <br />Property and Whir ,, surrender this Deed of Trust and all notes evidencing indebtedness secured Wp this Deed of Trust to Trustee. <br />Trustee shall rawnvey the Property without warranty and wilitadlt cizarge to the rerscn rr I rsons legally entitled tfiereto. <br />Trustor shall pay all costs of recordation, it any. <br />;b) Personal Property: Security Agreement As qdc ii?66a'l security for the payment, ct tfte Note, Trustor hereby grants <br />Limier under the Nebraska Uniform Commercial Code asecurity interest in all fixtures, equilimett, and other personal property <br />used in connection with the real estate or improveme *V,S located thereon, and net ctherwise teciared or deemed to be a pant 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 secured party under said Code In addition to the rights and remedies created under <br />and accorded the Lender pursuant to this Deed of Truth; 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'ranrerilry ynder any other security agreement signed by <br />Borrower or Trustor. <br />(i) Liens sr* Encumbrances. Trustor hereby warrants and rreprri lints ihat there is no default under the provisiors of any <br />mortgage, dew --f trust, lease or purchase contract describing ail arary part of the Property. or other contract instrument or <br />agreement cisrs,'rtuting a lien or encumbrance against all or any part of-the Property (collectively, "Dens "). existing as of the <br />d>alm qf this Deed of Trust, &-.4 that any and all existing Liens remain unmodified except as disclosed to Lender in Trustoes <br />wllftn disclosure of lierss.aysd= encumbrances provided for herein. %titer shall timely perform all of Trustor's obligations, <br />covenants, re k-esentations a ~d warrant{ z r1 Rder anlc and all er.:aiting and future Liens, shat! ,promptly forward to Lender copies <br />of all notices Vf default sent in connect:':,a *r'.th any and all eylating cn future Liens, and shall. rot without Lender's prior written <br />consent in any manner modify the pry w% 1 :;r;s of or allow any future advances under any %e-fisting or future Liens. <br />Q) Application of Paynw.ts. Un-te-s cr�terwise required by late „ sums paid to Lender hereunder, including without limitation <br />payments of principal and interest. ir:s,::rance procar -.ifs, condemnation proceW6 and rents and profits, shall be applied by <br />Lender to the amounts due and owing fear, Trustor and Borrawari inzych order as Lender in its sole discretion deems desirable. <br />(k) Severabilitlr If any provision of 111i s Deed of Truut,canlfifua with applicable law or is declared invalid or Oftew.se <br />unenforceable, such conflict or Invalidity shall not affect the ether provisons of this Deed of Trust or the Note which �z .be <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br />severable. <br />(1) Terms. The terms "Trustor” and "Borrower" alts l include both singular and plural, and when the Tr �,s;Ior and Borrower <br />ate the same person(s), those terms as used in this aeled of Trugf-Mak be interchangeable. <br />(m) Gov4m- Ing Law. This Deed of Trurit shall be governed y the I s of th f tteb aska. <br />Trustor has exe MM. this Deed of Trust as of 1t*!:e date written abov <br />t <br />(R er K.'Faland Tr or H a d) <br />(J til K. Poland, Trustor Wife) <br />- <br />