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- , � . . . � , . _ . . - i . <br /> - � . � �. � .,.�... .,.. �..., , ., ,. . .;.:._., � ... _. . _.,. <br /> � � � ... ... ..:�.�.. ,..:.�_ . <br /> -..�.' ,. .. .. ., . ._ .�. _ . � . . <br /> . � . <br /> 18.Miscellaneous Provisions ` ` - <br /> (a) Borrowx Not Relees�d.Extension of the time for payment or modification of the sums secured by thfs Oeed of T�ust grant�rd <br /> by Lender to any successor in interest of Borrower shall not operate to releese, in any ma�ner,the liability of the original Borrowor <br /> and Borrawer's successors in interest. Lender shatl not be required to commenco proceedings against such euccessor or refuse to <br /> extend time for payment or otherwise modify amortization gf the sums secured by this Daed of Trust by reason oi any demands • <br /> made by the original Borrower and Borrower's success�rs i�interest.. <br /> � fb)Lendei s Powen.�thout afiecting the liability of any other person liebie for the p�yment of any oaligation herein mentioned. <br /> and without affecting the lian or charge of this Deed of Trust upon any portion of tha Property not then or theretofore released as ; <br /> security for the full amount of all unpaid obiigations, Lender may, from tfma.to time ar�d without notice (i) release any pe�son so <br /> � �, liable,lii}extend the maturity or alter any o(tha terms of any such obligations, (iii),grant o•her indulgences, liv)release or reconvey, � <br /> .� or cause to be released or reconveyed at any time at Lender's opt3on a�y parcel,portion r .li oi the Property, (v)take or release any � <br /> " other additional securhy for any obligstion herein mentioned, or (vi) make compoaitio..� or other_artaopements with debtora in <br /> � reiation thereto. ��� "��'';'"�'� P! ' <br /> Ic) Forbeernnce by Lender Not e Welver. Any forbearanca by lender in exercising�•ali�►ight o__��medy hereunder, or otherwise <br /> affo����ed by applicablo law, shall not be n waiver o( or preclude the exercise nf'-eK�•�'"tr�R`�ght ar remedy. Ths procu�ement of <br /> insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelsrate the <br /> maturity of the indebtedness secured by this De±d of Trust. <br /> (d) Succesxors end Aasigns Bound;Joint end Saverol LinbUfty; Capdo�s.The c�venants and aflreements herein contained shall <br /> bind, and the rights hereunder �hall inure to, the respective succassors and assigns of Lender and Trustor. A11 covenants and <br /> agreements of T"rustor shaii be ioint and several. The captions and headings of the paragraphs oi this Deed of Trus2 are for <br /> convenience only and are not to be used to inte!pret or define the provisions hereof. <br /> (e) Reyuest tor Notices.The parties hereby requsst that:a copy of any notice et defauit hereunder and a copy of any notice of <br /> sale hereundec be mailed to each party to this Deed of Trust at 4he address set forth above in the manner prescribed by appiicabla <br /> � law. Except for any other notice required under applicable lavo to be given in another manner, any notice provided for in this Deed of <br /> � Trust shall be g?�en by mailing such notice by certified maii addressed to the other parties, at the address set torth above. Any <br /> notice provided for in this Deed oi Trust shall be effective upon mailing in the manner designated t�erein.If Trustor is more than one <br /> person,notice sent to the address set forth above shall be notice!o ail such persons. <br /> a�. (f) Inspection. Lender may make or cause to be ma�de rea<nnable entries upon and inspections of the Propeny, providad that <br /> I � Lender shall give Trustor notice prior to any such inspection specifying reasonable cause iharefor reiaied to lender's interest in the <br /> Property. <br /> ` (g) Reconveyance. Upon payment of ali sums securad by chis Deed of Trust, lender shall request Trusteo to reca.^.vey the <br /> Property and shall surrender this Deed of Trust and all iiotes evidencing indebtedness secured by this Deed af Trust to 7rustee. <br /> �Trustee shail reconvey the Property without warranty ar�d without charge to the person or persons legally enCitled thereto. Trustor <br /> shall pay all c�sts of recordation,it any. <br /> (h}ParsonN P►operty;Security Agreement.As additiongl security for the payment of the Note,Trustor hereby grants Lender under <br /> the Nebraska Uniform Commerciai Code a ser,urity interest in all fixtures, equipment, and other persunTl property used in connection <br /> with the real estate or improvements located thasson,and�ot otherwise declared or deemod to be a part of the real estate secured <br /> hereby. This instrument shali be construed as a Security Agreement under said Code, and the Lender shall have ail the righta and <br /> remedies of a secured party under said Code in additior�to the rights and rsmedies created under and accorded the Le�der pursuant <br /> to this Deed of Trust; provided that Lender's rights and remedles under thfs paragraph shall be cumulative with, and in no way a <br /> i�mitation on,Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> (i1 Llens end Encumbrances. Trustor hereby warrants and represents that therP is no default under 4he provisions of any <br /> mortgage, deed of trust, lease or purchase contract describing a!I or any part of the Pro-. Yy, or other contract, instrument or <br /> agreemer,t constituting a�ien or encumbrance against all or any part of the Property (coilactive, "Liens"1, existina as of the da*e of <br /> a this Deed of Trust, and that any and all existing Lie�s remain unmodified except as disclosed to l^�der in Trustor's writien <br /> disclosurE of liens and encumbrances provided tor hersi�. Trustor shall timeiy perform all of Trustor's obligations, covenants, <br /> representations and warra�ties under any and oll existing and future Liens, shall promptly forward to lender copies of all notices of <br /> default sent �n connection witn any and aIi existing or future Liens, and shall not without Lender's prior written consent in any <br /> manner modify the provisions of or�!low any future advances under any existing or futura Uens. <br /> (j) Appiication oi Peyments. Unlea•s otherwise required by law, sums paid to Lender hereunder, inciuding without limitation <br /> payments of principal and interest, ins�rance proceeds, condemnation proceeds and rents and profits, shall be aaplied by lender to <br /> the amounts due and owing from i rustor and borrower in such order as Lender in its sate discrotion deems desirable. <br /> fK1 Saverabtlity. If any provision of this Deed of Trust conllicts with applicab�a law or is declared invalid or otherwise <br /> unenforceabie, such conflict or invalidity shail not affect the other provisions of this Deed of Trust or the Note which can be given <br /> effect without t`�e confiicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br /> severable. <br /> (U Terms.The terms "Trustor' and "Borrov:er"shall include both singular and plural,and when the Trustor and Borrower are the <br /> samc p�rson{s),those terms as used in this Dee�of Trust shall be interchangeable. <br /> (m)Govsming Law.This Deed of Trust shell be governed by the�aws of the S!ate of Nebraska. � <br /> Trustor has executcd thfs Deed of Trust as of the date written above. <br /> . <br /> n ��� Y <br /> TiUStOf � DANIBL KE AN ' TfU8f0� <br /> Trustor Truetor <br /> Truator � Truator <br /> ! <br /> Y'. <br /> ���',��'. � <br />