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IL , Y }irk M 90- 10696' 16. mbawmneous Provbions. (a) lorrower Net Rdsessd. Extension of the time for payment or modification of amortization of the sums a inured by this Deed of Trust granted by Lender to any successor In Interest of Borrower shall not operate to release, In any manner, the liability of the original Borrower and Borrower's successors in Interest. Lender shiil not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in Interest. (b) Lender's Powers, Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so liable, (11) extend the maturity or alter any of the terms of any such obligations, (111) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any othw or additional security for any obligation herein mentioned, or (vl) make compositions or other arrangements with debtors in relation thereto. (a) Porbearanq by Lonflow Not a Waiver. Any forbearance by Lender In exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right la accslsrate the maturity of the indebtedness secured by this Deed of Trust. (d) Suoeegors and Aglgrls Bound; Joint and Several Llablllty; Captions. The covenants and agreements herein con- tained shell bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above In the manner prescribed by applicable law. Except for any other notice required under applicable law to be given In another manner, any notice provided 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 forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated herein. If Truster is more than one person, notice sent to the address set forth above shall be notice to all such persons. M Inspeatlon. Lender may make or cause to be made reasonable entries upon and Inspections of the Property, provided that Lender shall give Trustor notice prior to any such Inspection specifying reasonable cause therefor related to Lender's Interest In the Property. (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Dead of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shail reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, If any. (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender under the Nebraska Uniform Commercial Code a security Interest In all fixtures, equipment and other personal property used in connection with the real estate or Improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code In addition to the rights and remedies created under and accorded the Lender pursuant to Irns Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on. Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. (I) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract. Instrument or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens "), existing as of the date of this Deed of Trust and that any and all existing Liens remain unmodified except as disclosed to Lender In Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obllgatlolag covenants, representations and warranties under any and all exisiting and future Lions, shall promptly forward to Lender copies of all notices of default sen! in connection with any and all existing or future Liens, and shall not without Lender's prior written consent In any manner modify the provisions of or allow any future advances under any existing or future Liens. p) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, Including without limitation payments of principal and Interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amoums due and owing (rain Trustor and Borrower In such order as Lender in its sole discretion deems desirable. (k) Severabli". If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. (1) Terms. The terms "Trustor" and "Borrower" shall include tom singular and plural, and when the Trustor and Borrower are the some person(s), those terms as used in this Dead of Trust shall be interchangeable. (m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. Trustor has executed this Deed of Trust as of the date written above. Tfuslor el;oy J. Stegtnen) Trustor (Bernadette A. Stegman) hV A4- v tilts � w�... •w� � �.rtna