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8g� 145438 <br />'ltl. RitiepEaneetta 1heMtaiorte. <br />(a) fldrre o w lest Ralntaasd' Extension of the time for payment or modification of amortization of the sums wcured by this ; <br />Deed of Trust granted by Lender to any successor in interest of Borrower shad not operate to release, in any manner. the liabiiiry <br />ofthe original Borrower and Borrower's successors in Interest Lender shill not besaquired to commence prorsdings awnel <br />such successor or refuse to extend time for payment or otherwise modify amortization of the sutras secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower`s successors in interest <br />Without sfilaetina the liability of any o0w _person - liable for the payment of any - obligation hw*r► <br />mentioned. and without aftiecting the lien or charge of this Deed of Trust upon any portion of the Property not than or theretofore <br />i released as security W fife full amount of all unpaid obligations. Lender may, from timeto time and without nofice(I) release any <br />person so liable, (ii) extend the maturity or niter any of the terms of any such obligations, (III) grant bhirindulgences, (iv) release <br />or recanrey. or cause to be released or reconveyed at any time at Lender's option any parcel. portion or all of Ills Property. <br />fv) take or release any other or additional 'security for any obligation herein mentioned. or (vi) make compoeidone or other <br />ansnga mmi with debtors in relation thereto. <br />(c) Forbeeramn by Lander No a Wsiwr. Any forbearance by Lender in exercising any right or remedy hereunder. or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The <br />procurenrsnt of insurance or the payment of taxes or other Irons or charges by Lender shall not be a waiver of Lender's ripttt to <br />siccelerate the maturity of the Indebtedness secured by this Deed of Trust <br />::. (d) Owl: sore and Assigns Bound; Joint and Several LIabOr. Captions. The covenants and agreements herein con - <br />tefOW shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All <br />t c'Ve $nano and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Desd of <br />Thidt are for convenience only and are not to be used to interpret or define the provisions hereof. <br />(a) Ret+wast/sr Noiftasi. The panties hereby request that a ropy of any notice of default hereunder and a copy of arty notice <br />of sale her+exurndtlir be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by <br />applicable free: Sutept for arse adw notice required under applicable law to be given in another manner, any notice provided <br />f for In this Dseittof Trust shWILbegtven by mailing such notice by certified mail addressed to the other parties, at the address set <br />forth above. f notice provided for in this Deed ci 'T�i lust shall be effective upon mailing in the manner designated herein. it <br />Trustor is rr�r,±emhan one person, noth* to the er0-a ss set forth above shall be notice to all such persons. <br />(ij.lnep s. Lender may make or se to bei**le reasonable entries upon and inspactions of the Property, provided <br />tit O LwxW --aif give Trustor notice pncr to any sw�14:Tlspectlon specifying reasonable came therefor related to Lender's <br />.. ipsi'►EITi�it;ftwaPropitrty. ' <br />?!) Reeote yance. Upon payment of all sums isemr ad by this Deed of Trust, Lender shall request Tice to reconvey the <br />Frihmrty and ie 411 surrender this Deed of Trust and 6Y, irotes evideftrg indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shsII;4 =nvey the Property without warranty'and withcsrtcharge to the person or persons legal;ji entitled Owetio. <br />Trustor shall pity, ,aA costs of recordation, if any. - <br />(h) Peremel Ptapsel9 , Seeurlly Agreement. As additional security for the payment of the Note. Trustor her:lft, 'grants t <br />Lender under the Nebr "i;;lniform Commercial Code a security interest in all fixUv% equ'pment, and other personal property <br />used in connection with tt;,eraal estate or improvements located thereon, and ncria'►arrtYae declared or deemed to tie apart of <br />the real estate secured hereby. This instrument shall be construed as a Securi*- Qreimn :taander said Code, and the Weider <br />shall have all the rights and remedies of a secured parry under sate Gode in addition to the rights and remedies created render <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 al;teement signed by <br />W, rower or Trustor. <br />(i) Liens and Erteumbraneas. Trustor hereby warn „ -,. -1rZ a*, replesents trierMere Is no default under the provisions of any <br />mortgage, dead of trust, fuss or purchase contract descr.'u.rsS o . cps an part crt the Property. or other contract instrum.'”. t or <br />agreement owst:tuting a lien or encumbrance against all or any epmOf the Property (collectively. "Liens "). existing sw.dthe <br />f date of this Owed of Trust and that any and all existing Liens rerr.; it un=d..lied except as disclosed to Lender in Tg+ tstoes <br />written disclosure of liens and encumbrances provided for herein. °ester• " «ir.; : timely perform all of Trustee's obliqktions, <br />covenants, representations and warranties under any and all exisiting and fijivi a s.iens, shall promptly forward to Lender copies <br />of all notices of default sent in connection with any and all existing a* a .r.0 's rav'rs. and shall not without Lender's prior written <br />consent In any manner modify the provisions of or allow any futurs. apes- rrceo under any existing or future Liens. <br />0) Appftoon oe Psyerente. Unless otherwise required by law.�s -;its ifd to Lender hereunder, including without limitation <br />=yments of principal and interest, inssart?ce proceeds, condemn &;ion 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 discreUm.. deems desirable. <br />(k) SeverabNlty. If any provision of t~a .Oeed a crust conflicts with avr, .,?;able law or is declared invalid or otherwise <br />unenforceable, such conflict or lnvalidd;', crap not affect the other provisons 0 this Deed of Trust or the Note which can be <br />given effect without the conflicting prox' +,ion. and to this end the roem..,sions of this Deed of Trust and the Note are declar&l to,be <br />severable. 1 <br />(1) Tarns. The terms "Trustor" and "Borrower" shall include both singular-and plural, and when the Trustor and &tnrawer <br />are the same person(s), those terms as used Art this Deed of Trust shall be i%mthangeable. <br />(m Law. This Deed of Trust shall be governed by the s 0 1:"ra State of Nebraska. <br />Trustor h ex u this of rust as Of the date written above. <br />(Roxy R. Clark, Husband) (Venneth E. V: stor Claris,, Husband) <br />tWri L. Clark, Husband) (Phyla A. Clark, Trustor Wife) <br />,e <br />=I <br />