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RAT" <br />..... . . . i <br />. . . <br />• 1 I'i ` <br />.t. <br />90-- 107081 <br />16. 11MceMstteotfe PnallMiorwi <br />(s) Aanwast We I d""d. Extension of the time for payment or modification of amorlitatlon 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 Borrower's successors In Interest. Lender "I 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 Wed of Trust <br />by resson of any demands made by the original Borrower and Borrower's successors In interest. <br />(b) Lalder'e Power, Without affecting the liability of any other person liable for the payment of any obligation herein <br />mentioned, and without affecting the Ilan 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 (1) release any <br />person to liable, (ti) extend the maturity or alter any of the terms of any such obligations, (Ili) grant other Indulgences, (Iv) release <br />or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, <br />(v) take or release any other or additional security for any obligation herein mentioned, or (vt) make compositions or other <br />arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. 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 />prrncummpnt of insurance or the payment of taxes or other liens or charges by Lender shau not be a waiver of Lender's right to <br />accelerate the maturity of the indebtadness secured by this Dead of Trust <br />(d) Su scams and Assigns Sowk*. Joint and Several Llabll ft Captions. The covenants and agreements herein con- <br />tained shall bind, and the rights hereunder shall inure to. the respective successwra and assigns of Lender and Tonim. All <br />covenants and agceements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof. <br />(e) Request for NoUcw The parties hereby request that a copy of any notice of detaull 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 mailing In the manner designated herein. If <br />Truster is more than one person, notice sent to the address set forth above shall be volice to all such persons. <br />(Q inspection, Lender may make or cause to be made reasonable entries upon anal 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) Reconveysnce. Upon payment of all sums secured by this Dead 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 racordstion, if any. <br />(h) Personal Property; swicufity Agreement. As addillurral security 1i)i the pay rant of the Note, Trustor I urcby 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 shall <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 Encumbrances. Trustor hereby warrants and represents that there Is no default under the provisions of any <br />mortgage, aced 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, "Lions"), 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 Trustoes <br />written disclosure of lions 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 fuure advances under any existing or future Liens. <br />Q) 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 to applied by <br />Lender to the amounts due and owing from Trustor an Borrower In such order as Lender in its sole discretion deems desirable. <br />(k) Severabffity. If any provision of this Deed of Trust conflicts with applicable law or is declared Invalid or otherwise <br />unenforceable, such conflict or Invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br />severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall Include both singular and plural, and when the Trustor and Borrower <br />are the same person(s), those terms as used in this Deed of Trust a be Int changeable. <br />(m) Governing Law. This Deed of Trust shall be governed by'j pNS of he S. to of N �raska. <br />Trustor has executed this Dees of Trust as of the date written abov ...�,•, <br />1 � <br />- .:.SYd1V.�ilOW <br />ewrjlt�A :Jr in.�`�_ <br />,.l•V yip(!. \�PSM1 _' <br />V'kkbu�ll!C:F <br />li •,' tin,` <br />•r .. ';tom <br />:,'t' - <br />t � 1 1 • <br />�" <br />1 %, <br />