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89-404847
<br />r ts. IMi celerwous Frw4lek na.
<br />f (a) gwrowar Nat Ream. Extension of 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 harrower shall not Operate to release, in any manner, the Iiabfiity
<br />of the original Borrower and Borrower's successors in interest Landqushail not be required to commence proceedings against
<br />such successor or refuse to extend time for payment or otherxise rnadifyamortization of the sums secured by this Deed of Trust
<br />by reason of arty demands made by the original ftrrawerand Ssirowees successors in Interest
<br />(b) Lender's Powers. Without affecting the liability of any other person 11:4ble for the payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed of Trust upon anItOortion of the Property not then or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender may. from time to time and without notice tit release any
<br />person so liable, (ii) extend the maturity or alter anit cf the terms of-any such obligations. (iii) grantother indulgences, (iv) release
<br />or reconvey, or cause to be released or reccnveyed at any time st,Lendees option any parcel, portion or all of tie Property,
<br />(v) take or release any other or additional security.-for any obligation herein mentioned, or (41) make compositions or other
<br />arrangements with debtors in. relation thereto.
<br />(c) Forbearance by- t order Not a Wiliver. Any forbearance by Lender in exercising any right or remeany 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 orthe paymentattaxes orc iTestiens or charges by Lender shalt not be a waiver of Lender's right to
<br />accelerate the maturity. of the indebtedness: secured b l this Deed of Trust
<br />(d) Successors and Assi(pls Bountf: Joint and Semrst Lfabtiity, Captions. The covenants and agreements herein -
<br />fidnisd shall bind, and the rfgjits hereunder shall in6m;io, the respe~`tive suers and assigns of Lender and Trus"Wr_'X't
<br />cxzvgnants and agreements atTrustor shall be joint and several. Thecaptions arc# headings of to paragraphs of this Deed of
<br />Truitare for.cenvenience only" and arel not to be used to interpretcr define the provisions herevt.
<br />(e) RoquW 11or MOticea. The parties hereby request that a copy dany notice of default here: der and a copy of any notice
<br />of sale hereunder be mailed to eaob!par* to this Deed of Trust at the address set forth above A the manner prescr iL by
<br />applicable tav�l xxcept tar any other notice required under applicable law to be given in another manner, any notice [d, 4 n ded
<br />forotthis Mwd of Trust shall begiven by mailing such notice by certified mail addressed to the other parties, at the address set
<br />forth above. Any notice providdVar in this Deed of Trust shalt be effective upon mailing in the manner designated herein. H
<br />K Trustor is more then :one personi,notice sent to the address set forth above shall be notice to all such persons.
<br />(1) Inspection.1onder may make or cause to be made reasonable entries upon and inspections of the Property, provided
<br />.." that Lender shall Igive T_ ustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's
<br />irr w.imt in the Property.
<br />�g) Reconreyanu. Upon payment of all sums &err d by this Deed of Truer Lender shall request Tri sitar to reconvey the
<br />Ptuperty and shall surrender this Deed of Trust and sK .s evidencing indelbted-:ss secured by this Deers r rTrust to Trustee.
<br />Trustee: aball. mconvey the Property without warranty and without charge to the person or persons legally entitled thereto.
<br />Trustar'rhall pqy roll costs of recordation, if any.
<br />i (h) PersonilB Pfoparty;. Security Agreement As additional security for the gwiment of the Note, Trtastor hereby grant
<br />i... Lender under the Nebraskal.10orm Commercial Code security interest in all fbea res, equipment, and oTf- rpersonal property
<br />used in connection with Mereal estate or improvements located thereon, and not otherwise declared or creed to be a part of
<br />the real estate secured hereby. This instrument shall be construed as a Security Agreement under said 0.. . and the Lender
<br />shall have all ttie rights and remedies of a secured party under saidCods in addition to the ri,1' 3 and ref.- +adies created under
<br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and romrsdiess unct_r this paragraph shall
<br />be cumulative with, and in no way a limitation on, lender's rights and remedies under any 0: s iwC !y rgeement signed by
<br />I Borrower or Trustor.
<br />M Liens and Encumbrances. Trustor hereby warrants and represents that there is no de`a; ::t under the provisions of any
<br />mortgage, dried of trust, lease or purchase contract describing all or any part of the Property& rx other contract, instrument or
<br />agreementccrtalp'.uting a lien or encumbrance against all or any hart of the Property (collec�iveiy, "Liens "), existing as of the
<br />date of this Dee0 of Trust. and that any and all existing Lions re rwiil'unmodified except as r:l!;closed to Lender in Trustoes
<br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations,
<br />covenants, representation3+n ^d warranties under any and all exisiting and future Liens, shall promptly forward to Lender copies
<br />of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written
<br />consent In any manner modify the provisions of or allow any future advances under any existing or future Liens.
<br />0) 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 renta.�srd profits, shall be applied by
<br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discreWm deems desirable.
<br />(k) Sevarability. If any provision of this Deed of Trust conflicts with applicable taw or is declared invalid or otherwise
<br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or Vie, Note which can be
<br />given efTect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be
<br />sev13r�3tile :.
<br />(1) Tams. The terms "Trustor" and "Borrower" shall Include both singular and plural, and when the Trustor and Borrower
<br />i3rYf the same person(s), thane terms as used in this Deed of Trust shall be interchangeabl
<br />(m) Governing Law. Tltt, Deed of Trust shall be governed by t aw f the State N ra a.
<br />Trustor has executed this Deed of Trust as of the date written above py
<br />A - A," 00
<br />(Robert K. Poland, Trustor President)
<br />Trustor
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