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<br />16. Mlecellaneow Prartaloes. 90-106801
<br />(a) fsorrovwr Not Reteaeed. 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 Borrower shall not operate to release, in any manner, the liability
<br />of the original Borrower and Borrowis s successors In Interest. Lender shall not be required to commence proceedings agalns4
<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 demanft made by the original Borrower and Borrower's successors in interest. obligation herein
<br />(b) Lender's Povvsrs. Without affecting the liability of any other person liable for the payment of any g a
<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 />released as security for the full amount of all unpaid obligations. Lender may. from time to time and without notice (i) release any
<br />person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (Iii) grant other indulgences, (IV) release
<br />or (v) take ore ease anytWNW OT atidditional securiitty ffortany obligation herein mantionneyd, rc(vl) portion
<br />ake compositions orrother
<br />arrangements with debtors In relation thereta-
<br />(C) Forbearance by Lender Nag a Waivar. Any forbearance by Lender in cexemising any right or remedy hereunder, Or
<br />otherwise afforded by applicabl?, law, shall na'i be a waiver of or preClude the exercise of any such right or remedy. The
<br />procurement of insurance or the pabment of taxes or other liens or charges toy Ltender shall not be a waiver of Lender's right to
<br />ac'cateTale the maturity of the indebtedness secured by this Deed of Trust.
<br />(d1 Successors and Assigns Bound; Joint and Several Llabifityl Capilons• The covenants and agreements herein con -
<br />tdined shall bind, and the rights hereunder shall inure to, the respective successars and assigns of Lender and Trustor. All
<br />covenants and agreements at Truster shall be Joint and several. The captions and headings of the paragraphs of this Ve?d of
<br />Trust are for convenience only and are not to be used to interpret or define the ,provisions hereof.
<br />(a) Request for Nofkes. 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 Deed 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 set
<br />forth above. Any notice provided for in this Dead of Trust shall be effective upon malting 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 />(t) 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 Lender's
<br />interest In the Property.
<br />(g) Reconvsyance. 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; Security 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 />uscd Ln connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of
<br />i>Tirreal estate secured hereby. This instrument shall be construed as a Security Aigreement under said Code, and the Lender
<br />,JrWL have all the rights and remedies of a secured party under said Code to addition to the rights and remedies created under
<br />a! d accorded the Lender pursuant to this Dead of Trust. provided that Lender's rights and remedies undez this paragraph shall
<br />Op— 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 />(i) Liens and Encuts-iWances. Trustor hereby Warrants and represents that there is no default under the provisions of any
<br />mortgage, deed of trust lease or purchase contract describing all or any pan of the Property, or other contract. Instrument or
<br />agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens "). existing as of the
<br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's
<br />written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Truster's obligations,
<br />covenants, representations and 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 exiatinq or future Liens, and shall not without Lender's prior written
<br />consent in any manner modify, the provisions of or allow ary ititw a advances under any existing or future Liens.
<br />0) Application of Payments. Unless otherwise required) by IMrs vims paid to Lender hereunder, including without limitation
<br />payments of principal and interest, insurance proceeds, cord! lrr?,, fw;n proceeds and rents and profits, shall be applied by
<br />Lender to the amounts due and owing from Tr0lor and Borra -wer ;rr s�rh crdl2r as Lender in its sole discretion deems desirable.
<br />(k) Sevitrablilty. If any provision of this (;mod of Trust k;onfiicts vnn applicable law or is declared invalid or otherwise
<br />unenforceable, such contL•st cr . invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be
<br />given effect without the cor(Illcfil;g provision, and to this enfttl-e revisions of this Deed of Trust and the Note are declared to be
<br />severable.
<br />(I) Terms. The Uerms'Trw=r" and "Borrower" shall inctud th
<br />rs Singular and p[urrt,.r#17d when the Truster and Borrower
<br />are the same pecnls). those terms as used in this Deed of Tr st h hangeable
<br />(m) Governing Law. This: Deed of Trust shall be governed y taws of the o N X
<br />Trustor has executed this Deed of Trust as of the date written abov
<br />G&Q T
<br />POU OS r r
<br />Trustor
<br />Zarnr S. POuLLOS
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