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:tv �.��.,,,•.. <br />90- 107052 <br />Is. ft inglasnaw 11110k d ne. <br />(a) Borrower Not Released. Extenalon of the time for payment or modification of Amortlutlon of the sums secured by this <br />Dead of Trust granted by Lender to any successor In interest of SOfroww shall not operate to retailers. In any manner, the liability <br />of the original Borrower and Borrower's suocasors in interest. Lander shill not be required to commence proceedings against <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 demands trade by the original Borrower and Borrower's successors in interest. <br />(b) Lender's Powairs. Without affecting the liability of any other person liable for the payment of any obllgstion herein <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, (it) extend the maturity or alter any of the terms of any such obligations, (III) grant other indulgences, (Iv) release <br />or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, porton or all of the Property, <br />(v) take or release any other or additional security for any obligation herein mentioned, or (vQ make compositions or other <br />arrangements with debtors in relation Itiereto. <br />(c) Forbearaawe by Lendslr NO a WahM. 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 of comedy. The <br />procurement of insurance or the pwyiaent of texas or other harm or charges by Lender, shalt not, ov a waiwor of Londar's right to <br />accelerate the maturity of the indebtedness sectored by this Deed of Trust. <br />(d) Sueeessors and Assigns Bound; Joint and Soma) LisibWr. Captions, The covenants and agreements herein con- <br />tained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Trusbr. All <br />covenants and agreements of Truster shall be joint and several. The captions and headings of the ptrsgraphs of this Dead of <br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof. <br />(e) Request for Notices. The parties hereby requesttrnat 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 oY 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 am <br />forth above. Any notice provided for In this heed of Trust shall be effective upon mailing In the manner designated herein. If <br />Truster Is more than one person, notice sera to the address set forth above shall be notice to all such persons. <br />(f) 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) Reconvsysnce. 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 />Truster shell pay all costs of recordation, if any. <br />(h) Personal Property; security Agreement. As additional security for the paymort 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 />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 hereby. This instrument shall be 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 shell <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 />(1) Liens and Encumbrances. 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 part 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 Trustor'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 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 Liens. <br />(j) Application of Payments. 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 desirable. <br />(k) Ssverabtilty. If any provision of this Deed of Trust conflicts with applicable law or is declared Invalid or otherwise <br />unenforceable, such conflict or Invalidity shell not affect the other provisoes of this peed of Trust or the Note which can be <br />given effect without the conflicting provision, and to th is end the provisions of this Deed of Trust and the Note are declared to be <br />severable. <br />(1) Tome. The terms "Trustor" and "Borrower" shall include both singular and plural, and when•t'he Trustor and Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br />Trustor has executed this Deed of Trust as of the date written above_. <br />Oti 1 ie M. Layher Teusto i <br />M; - <br />m <br />"sic <br />vy <br />t✓ , r � , .�CFt�. <br />,1 n� <br />