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Ir. <br />+ <br />4 1, <br />a <br />r nEvift t.; ;`1V.4)kX: <br />90- 107095 <br />18. Mhmbneous PmvlelonL <br />(a) Borrower Not Released. Extension of the time for payment or modification of amortisation of the sums secured by this <br />Dead of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the Ilablllty <br />of the original Borrower and Borrower's successors in interest. Lender shell not be required to commence proceedings against <br />such successor or refuse to extend time for payment or otherwise modify amortisation of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower's successors in Interest. <br />(b) Lsndsr's Powsm 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 (i) release any <br />person so Sable, (ii) extend the maturity or otter, 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, portion or all of the Property, <br />(v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other <br />arrangements with debtors In relation thereto. <br />(c) Fafbearance by Lender Not a Walser. Any forbearance by Lender in exercising any right or remedy hereunder. or <br />otherwise allforded 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 Irons or charges by Lender shall not be a waiver of Lender's right to <br />accelerate the maturity of the Indebtedness secured f:y this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability; Captious. 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 Truster. All <br />covenants and agreements of Truster shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are 10r convenience only and are not to be used to interpret or define the provisions I -ereof. <br />(e) Request for Notices. The parties hereby request that 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 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 t;e 9-van in another manner, any notice provided <br />for in th %% Deed of Trust shall be given by mailing such notice by certifled mail addressed to the other parties, at the address set <br />forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing In the manner designated herein. If <br />Trustor is more than one person, notice sent 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) Reconvsyanee. 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 />Trustor shall pay all costs of recortiat.on, :' any. <br />(h) Personal Property; Security Agreement. As additional security for 11re Dayment of the Note, rrustor nereby grams <br />Lender under the Neb. aska Uniform Commercial G_tle a security Interest in a.'i imures, equipment, and other personal property <br />used in connection with the real estate or improvements located thereon, and no; otherwise declared or deemed to be apart of <br />the Fee! estate secured hereby. This Instrument shall be construed as a Security Agreement under said Code, and the Lender <br />shell 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 agieernent sigrecl ry <br />Borrower or Trustor. <br />(i) Liens and Encumbrances. Truster hereby warrants and represents that there is no default under the provisions of any <br />mortgage, deed of trust, lease or purchase contract describing ail or any part of the Property, or other contract Instrument or <br />agreement constituting a :ten or encumbrance against all or any part of the Property (collectively. -1-lens"). 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. Truster shall timely perform all of Truster's obligations, <br />covenants, representations and warranties under any and all exisiling 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 />C,± 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 applies.: bl, <br />Lender to the amounts due and owing from Truster and Borrower in such older as Lender in its sole discretion deems desirab•e. <br />(k) Severebility. 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 nct 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 to <br />severable. <br />(1) Terms. The terms " Truster" acid "Borrower" shall inclune colt' singular and plural, and when the Truster and Borrower <br />are the same person(s), those terms as used in this Deed of Trust shah be interchangeable. <br />(m) Governing Law, This Deed of Trust shall be governed by the lass o'er State of Nebrkaka. <br />Truster has executed this Deed of Trust as of the date written above. <br />Tlll�AS Ili 11ILK NSIIketor , <br />PATRICIA 6. VILKINSM r <br />liv <br />