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■r I i I L F 16. Miscellaneous Prvviiaione. 89- 104876 (a) Qormwer Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner. the liability of the original Barrciverand Borrower's successors in interest Lender shalt not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured bythis Deed of Trust by reason of any demands made by the original Borrower and Borrowers successors In Interest (b) LtadWe Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property notthen or theretofore released as security for..the full amount of all unpaid obligations, Lender may, from time to timeand without notice @ release any person so liable, (ii).e ,Mend the maturity or alter any of the terms of any such obligations. (Iii) grant other indulgences. (iv) release or reconvey. or cause to be released or reconveyed at any time at lender's option any parcel. portion or all of the Property, (v) take or release any. ether or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation. ifiersto. (c) F40tearance by Lender Nctx.Valver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise- r�� rded by applicable 13">�,a`nall not be a waiver of or preclude the exercise of any such right or r sn -Telly. The procurerh irri•bf insurance or thb payment of taaezzr other liens or charges by Lender shall not be a waiver of Lender's right to accelerata.li maturity of the indebtedness.st rs � by this Deed of Trust (d) Sgftsesoce and Assigns f3otJn ;..fo arad Several Liability; Captions. The covenants and agreements herein con- tained eliait,bind. and the rights her. zt sf;�:r :pure to, the respective suc�ssCrs..WTd assigns of Lender and Trustor. All covenanis and agreements of Trus2ti:. s';)'I be4,""L and several. The captior►s_�r+$ head rgs of the paragraphs of this Deed of Trust are for convenlonce. only and are not to o- Lreed to interpret or define- flaw provisions hereof. (e) Request for firaf cp& The parties hereby i juestthat a copy of any no7e+ bf default hereunder zrd a copy of any notice r.I s3:e hereunder be +rt4;ifP-d to each party to this Deed of Trust at the addrms • set forth above in tf a mnner prescribed ?y e itC 7eGa4. ExeeO-.r any other notice required under applicable law to be given in anothermarft.mr.-any acdceprovided fci arlf~�fl (i d of Trusf shall be given by mailing such notice by certified mail addressed to the other p&Jtfs, at'Jze- art S?m set forth a(rc&�+- Any notice provided for in this Deed of Trust shall be effective upon mailing in the mam er desigi-s.Ler�•fterein. If. Truster is� more than one person, notice sent to the address set forth above shall be notice to all such persons. (f) hm pection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided. that Lender shall give Trustor notice prior to any such Inspection specifying reasonable cause therefor related to Lenders interest ire iboa Property_ (g) Rishvoyancs. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indeWbadness secured by this Deed of Trost to Trustee. Trustee shall reconvey -ji -41 Property without warranty and without charge trsthe person or persons leigally entitled thenat0._. . 7frjstor shall pay all, cosm of recordation, if any. (h) Personal Propecl yr; Security Agreement. As additional security for the payment of the Nate, truster hereby grants.. Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under. said Code, and the Lender shall have all the rights m-.4 remedies of a secured party under said Code i.rr addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies underthis paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under, anivother security agreement signed by Borrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or attTer contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "[Jams" ), existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as discloErxd to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties under any and all exisiting and future Liens. shall promptly forward to lender copies of all notions of default sent In connection with any and all existing or future Liens, and shall not without Lenders prior written consent in any manner modify the provisions of or allow any future advancrss under any existing or future Liens. Q) Applkation of Payments. Unless otherwise required bylaw, sums paid to Lender hereunder, incirding without limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and proli!s'. shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severabllity. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust er the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of trust and the Note are declared to be severable. (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the same person(s). those terms as used in this Deed of Trust shall o4terchangeable. (m) Qovemlrp Low. This Deed of Trust shall be governed by th ws Of the State of Nebraska. This-tor has executed this Deed of Trust as of the date written above. (Ve E. Clark, Trustor Hue nd) (Ph 1 A. Cl Trustor ark, Wife) ROW R. C1 k, a -married person) 7 i i MI