|
90_.. 106566
<br />16. MNcomn* w P"Molom
<br />(a) from war Not Released. Extension of the time for payment or modification of amortization of the sums secured by this
<br />Dead of Trustgranted by Lender to any successor In Interest of Borrower shall not operate to release, in any manner, the liability
<br />otflte original Borrower and Borrower's successoro in Interest. Lender shall not be required to commence proceedings against
<br />such successor or refuse to extend lime for payment or otherwise modify amortization ottee sums secured by this Deed olTrust
<br />by reason of any demands made by the original Borrower and Borrower's succe"Ofs in Interest
<br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein
<br />released an security for he full amount of all charge d obligation ender may, from portion
<br />me to of
<br />me and Property hut notice (i) release any
<br />person so liable, (ii) extend the maturity or alter any of ilia terms of any such obligations, (III) grant other Indulgances, (iv) release
<br />or reconvey, or cause to be released or reconveyed at any lima 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 />arreingeanents with debtors In relation thereto.
<br />tie) Fa7bearence b)9 Lender Not a Waiver. Any forbearance by Uander in exercising ay.1i right or remedy hereunder, or
<br />rttteTrwiss a'poTded by applicable law, shall not be at warver o't Ar paectudo she exorcise off sty such Tight or remedy. Tlye
<br />procwreigie rev of ins�uaance or the payment of taxes or otter „ens o r ch as}ta33 by : a� a ar, shalt nci bs a veaiuPr of li a?rec90C'3 rimlt�tta
<br />accelerate the maityurity rat the Indebtedness secured by this Dead old ?trust:
<br />(d) Successors and Assigns Hound; Joint and Several Liabilltya Captkms. 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 shall be joint and several. The captions and headings of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or define the provisions hereol.
<br />(e) Requeatfor Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice
<br />of sale hereunder be mailed to each party to this Dead of Trust at the address set forth above in the manner prescribed by
<br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address Nt
<br />forth above. Any notice provided for In this Deed of Trust shall be effective upon mailing in the manner designated herein. It
<br />Trustor is more than one person, notice sent to the address set forth above shall be notice to all such persons.
<br />(i) Inspectlon. 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 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 reconvey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing Indebtedness secured by this Deed of Trust to Trustee.
<br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto.
<br />Trustor shall pay all costs of recordation, if any.
<br />(h) Personal Property; Socuriy Agreement. As additional security for the payment of the Note. Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property
<br />used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part 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 parry under said Code in addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust; 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 remedies under any other security agreement signed by
<br />Borrower or Trustor.
<br />(t) Lwas and Encumbrances. Trustor nertrby anti, rants and r;_:jartavCnto that there, IS no default under the prnviRin a of w-Y,
<br />mortgage, deed of trust lease or purchase contract descnbrng, aq) Cr any part of ale Propertg. or other contract Instrument. or
<br />agreement constituting a lien or encumbrance against all or ai y, rert. of t11e Propefy (col "Lierrs'l., existing as at the
<br />date of this Deed of Trust and that arty end;e1hfeAitvlsg. teens, rem.an unma j17farl except as.disciosed to Lender in Trustor's
<br />written disclosure of liois and encu m'orances pjNided for berrem. Trustnr kill ornety perform all of Trustoes obligations,
<br />covenants, representations and warrar:tes under any and a[tetisrii.ng 4rTd fuiurra liens, shall. pcomptly forward to Lender copies
<br />of all notices of default sent in cor:aection with any and all existing or future treis. and Shan atot without Lender's prior w1ritt n
<br />consent ire any manner modify the provisions of or allow any tu%.rre advances under any existing or future Liens.
<br />6) Application of Payments. Unless otherwise required by la�v, sums pa +d to Lender hereunder, including without limitation
<br />payments of principal and interest, insurance proceeds, condergnation proceeds and rents and profits, shall be applied by
<br />Lender fo the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable.
<br />(ka Soverability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise
<br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can 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' ' shall include bath singular and plural, and when the Trustor and Borrower
<br />are the same person(s). those terms as used on this Deed of Trust shall be interchangeable.
<br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />Trustor has executed this Deed of Trust as of the date written above.
<br />Trustor (Wayne K. Meier)
<br />Trustor
<br />Ar
<br />f1�f,1i::�.{`nI ?:�.d7Y•1' -s, nia' =Y��:.
<br />_-
<br />0
<br />t.
<br />• ti.
<br />EVE
<br />
|