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FOEM <br />I.S. MiSCOMORIAWA ProvrN.ene. 1019§4 <br />0 §4 <br />(a) ONrowei Not ReNaed. Extension of the time for payment or modification of amortization of the sums recur this <br />Deed of Trust granted by Lender to any successor in interest c! Borrower shall not operate to release. in any manner, the Icabllity <br />of the original Borrower and Borrower's successors in Interest lender shall not be required to commence proceedings against <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) LwxWs Powers. Without affecting the liability of any, other person liable for the Pwirnent of any obllg:tion. Mara :. <br />mentioned. and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore <br />recessed as security for the full amount of all unpaid obligations. Lender may, from timeto time and without notice (Qrslease any <br />person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grantother indulgences, (iv) release <br />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 other <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 or charges by Lender shall not be a waiver of Lender's right to <br />accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) 1kicemors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein con- <br />tained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All <br />covenants and agreements of Trustor shat[ be hint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are for cervenience only and are net to be used to interpret or define the provisions hereof. <br />(e) Regwsliftror, Notices. The parties hereby reque-etthat a copy of any notice of default hereunder and a copy of any notice <br />of We ftere;,:r• Sv be mailed to each party to this Deed of Trust at the address set-forth above in the manner prescribed by <br />2905cWP:a*- M --ept for any other notice required underapplicable law to be given in another manner, any notice provided <br />fors :s4 dr. s iD+rTirust shall be given by mailing such notice by certified mail addressed to the other parties. at the address set <br />forth above. A :74 rctice provided for in this Cded of Trust shall be effective upon mailing in the manner designated herdin. if <br />Trustor Is more than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(Q 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 therefor related to Lenders <br />Interest in the Property. <br />(9) Reeonveyance. Upon payment of all suns secured by this Deed of Trust, Lender shall request Trustee to reconveythe <br />Property and shag. surrenderthis Deed of'r :, and all notes evidencing indebtedness secured by. this Deed aftrust to Trustee. <br />Trustee shall reasr-vey the Property wit out: %erranty and without charge to the person or persons legally entitled then3lrj� <br />Trusrar shall pay all costs of recordation, if any. <br />•,:iii Personal Property; Secrn(ty Agreement As additional security for the irayment of ilia• Note, Trustor, hereby grunts <br />Lender under the Nebraska Lmliarm Commercial Coe a security interest in all tixtuise, equipment. and other personal property <br />used in connectic; -, with the rea; estate or ftnxrovements located thereon. and not otherwise declared or deemed to be apart of <br />the real estate secured hereby. This Instrurr ant shall be construed as a Security Agreement under said Cade, and the Lender <br />shall have all the rights and re�redies of a secured partir. .under said Code in addition to the rights and remedies created under <br />and accorded the Lender purviant to this Deed of Trust; provided that Lender's rlglris -wd remedies under this paragraph shall <br />be cumulative with, and in no way a limitation c.n. Lersde. s rights and remedies under any other security agreement signed by <br />Borrower or Trustor. <br />(i) Liens and iF.ncumbrances. Trustor hiaefzy warrants and repreEa M. that there is no default under the provisions of ary <br />mortgage, deed c(Trust, tease or purchase contract describing all or ary part of the Property, or other contract instrument ar <br />agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens "), existing as of tho <br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trusters <br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustors obtlgaticnis <br />covenants, reprasr•.rtations and warranties under any and all exisiting and future Liens, shall promptly forward to Lender cccirs <br />of all notices of detautt sent in connection with any and all existing or future Liens, and shall not without Lenders 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 Paymerrdtr, llnless otherwise required by law, sums paid to Lender hereunder, including without limitation <br />payments of principal and infrrc —N. insurance proceeds, condemnation proceeds and rents and 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 discretion deems desirable. <br />(k) SeverabiNty. Ii any provision of casts. Deed of Trust conflicts %ri.th applicable law or is declared invalid or otherw! r, <br />unenforceable, such conflict or invalidity ishail not affect the other rprovisons of this Deed of Trust or the Note which can, h; a <br />given effect without the conflicting provision,, and to this end the proviri(,ns of this Deed of Trust and the Note are declared tobt, <br />severable. <br />(i) Tema. The terms "Trustor" and " Scrrower" shall include bctly singular and plural, and when the Trustor and Borrm Ver <br />are the same person(s), those terms as used in this Deed of Trust elr;ili rchangeable. <br />(m) Governing Law. This Deed of Trust shall be governed by they t iws�Pt a State of Nebraska. <br />Trustor has executed this Deed of Trust as of IMF date written above. <br />( ve . C1 Trustor Husban, <br />Alf <br />(ROW R. ar , A riea Person) (Phyni A. Clark, Trustor Wife) <br />or <br />f <br />J <br />l <br />i <br />