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1 <br />89-- 145441 <br />it ifMsee(f.,,..,,, fyrehihletM. <br />(a) IM10 Meet Mokesed. Extension or the time for payment or modification of amortization of the Gums secured by this <br />Deed of Trust grenbd by Lendar io any sueceeaor in interest of Borrower shall not oW*W to release In any manner, the liability, <br />of Wes of'OW Borrower snd'Bbrroarer's itrccesaors in interest Lender shall fMbe required soeofnmence.pfoeeedingsa <br />such successor or refuse l o wlend ikne for payment or otherwise modify amortialion_of the sums secured by thles De !o! iw <br />�i -- -Myvwnsrwda nrads by orig7naT8orrowerend Borrowers -accam" in interest - <br />(b) Ls~* Peeress. Without alisctirq the liability of any other person liable for the payment of any obligation, herein <br />mergoned and without affecting the Ilan or charge of this Dead of ?rust upon any portion of fits Property not then or titsraWore <br />pKesn saea Ns security yx amount of all unpaid obligsions, Lender may. tromiime to time and wiMtout notice (i) release any <br />maturity or after any cif the terms of any such obligations, (iii) grant otherindulpencaa, (hr) repass <br />or reconvey, or cause b be released or reconveyed at any time at Lender's option any parcel, portion or aB of to Property, <br />(H Oka or release any otgr or additional security for any obligation herein mentioned, or (v0 make compositions or other <br />Of -Unga rents with debloa In relation thereto. <br />(c) Forbearance by LwWw Not a Wainer. Any forbearance by Lender in exercising any right or remedy hereunder, o <br />otherwise afforded by applicable law, 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 />wx*Wale the maturity of the indebadness secured by this Deed of Trust <br />(d) llkreoeaaars W4 Aesions Ironed; Joint and Seusral .1410110% Captions, The �Matd ants and agreements herein con - <br />talned shall bind. and the rights hereunder shall inure to, th"WMspeetive succassar� MW1, W$Igns of Lender and rruaw. All <br />eovenarhts and agreements of Tnisitor shall be joint and savb34:-T m Cap",. and hwtd�irr t.;z� the Asriagrephs of thiii Dead of <br />Trust we for convenience only and are not to be used to interpret or deftnn ft, ' � herw <br />(N Request fw Modems. The parties hereby request that s copy of anyi�iL-e of ds tk* hereunddraihd a copy otany notice..?;: <br />Of sale hereunder be mailed to each party to this Deed of Trust at the addfass set faii$n'�3ove in the manner prescribed by <br />applicable law. Except for any other notice required under applicable law to be given im zttother manner. any notice provided <br />for in this Deed of Trust shall be given by mailing such notice by certified mail addressoil- W­ theotther parties, at the adds set <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 />M MhipeMCI Lender may make or cause to be made reasonable entries upon and inspections cf the property, provided <br />that Lender Mail give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />(0) !lacanwyance. Upon payment of all sums secured by this Deed of Trust Lender shall request.Trustes to reconveythe <br />Property and shall surremler this Deed of Trust and all notes evidencing indetMedness secured by this is ed of Trust to Ttustae. <br />Trustee shall reconvey tke Property without wamhr...ty and without charge to the parson or persons . hegally entitled therdo. <br />Trustor shall pay all costs of recordation. if any. <br />(h) Personal Property: Secutlty Agreement. As additional seaunti far the payment of the Note, Trustor hereby grants <br />Lender under the Nebraska Uniform Commercial Codes security interest in all fixtures, equipment and otherpersonal 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 thereby. This instrument shall bo construed as a Security Agreement under said Code, and the Lender <br />shall have all the rights and remedies of a secured party 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 shai9: <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 />(I) Liens and EnewrAwances. Trustor hereby warrants and represents that there is no default under the provisions of any <br />morfgags, deed of trust, We" or purchase contract describing all or any part of the Property, or other contract. instrument or <br />Agreement constituting ab lien or encumbrance L'g,'rJ"- all. or any part of the Property (collectively, "Lien'}, existing as of the <br />date of this Deed of Trust and that arr+y and all existing Liens remain unmodified except as disclosed to Lender In Trusto's <br />written disclosure of liens and enruftrances provided for herein. Trustor shall timely perform all of Trustoes obligations, <br />covenants, representations and warrwbes 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 existing or future Liens, and shall not without Lender's prior written <br />consent in any manner modify the provisions of or allow any future advances under any existing or future Lions. <br />u) AppMcallon of PaynwnW unless otherwise required by law, sums paid to Lender hereunder, including without limitation <br />Payments of principal and Interest. 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 ditrable. <br />unenforceable�c ea ft ct o provision invalidity shall not affect the conflicts with applicable law or is <br />this Deed of Trust or declared Invalid Note which can be <br />given effect without the exxilicting provision, and to this end the provisions of tius Deed of Trust and thfel tote are declared to be <br />severable. <br />are the om (1) Termite, The trans "Trustor" and "Borrower" shall include both singular anal plural, aild when the Trustor and Borrower <br />person% those terms as used in this Deed of Trusts � interchange4bla: <br />( Lew, This Dead of Trust shall be governed byte I s of State oc t4ebraska. <br />TruHnr h 9i Trust as of the data wrtten abov , <br />(tit E. Clark, Trustor Husband) <br />Clark, Trustor Wife) <br />" •rte.. <br />