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•3 <br />f <br />�t <br />�k�W »ter '�• -5�.. <br />k "wi <br />-_ `_, y = <br />- k'i•. ,f� -•,�r,; is <br />- � r i1` •It; t . µ`.L►� <br />• ;'; %,iii -,,'� ,. <br />i• <br />a = <br />' ._tf:�`lyli(,LYAI'Fr'YL�: .n'A>lKJikJlitl:A: � A <br />90- 107108 <br />10. Mleceft"M s ProtrMbrn. <br />(a) Morsown Nd Released. Extension of the time for payment or modification of amcrtllrallon of the sums secured by this <br />Deed of Truntgranted by Lender to any successor in Interestof Borrower shall not operate to release, in any manner, the liability <br />of the original Borrower and Borrower's successors in Interest. Lender shill not be required to commence proceedings against <br />such successor or refuse to extend rime for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />by reason of any demands made by the original Borrower and Borrower's nu cos rs the payment of any obligation herein <br />(b) Lender's Powete. Without affecting the liability of any other peso <br />mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property notthen or theretofore <br />released as security for the full amount of all unpaid obligations, Lender may, from time to time and without nonce (i) release any <br />person so liable, (Its extend the maturity or alter any of the terms of any such obligations, (ill) 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 Hal a Walrer. 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 />procurement of insurance or the payment of taxes or other liens or charges by Lender shall not boa waiver of Lender's right to <br />accelerate the maturity of the Indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound; Joint and Several Liability; 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 Trustor. 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 for convenience only and are not to be used to Interpret or define the provisions hereof. ally notice <br />(e) Request for Notlass. The parties hereby request that a copy of any notice of default hereunder and a copy y <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 Trost shall be given by in such notice by certified mail addressed to the other parties, at the address set <br />forth above. Any notice proA.tied for in this Deed of Trust shall be effective upon mailing in the manner designated herein. H <br />Truster is more than one person, notice sent to the address set forth above shall be notice to all such persons. <br />(Q finspsefi ll. Lender may make or cause to be made romnabte entries upon and Inspections of the Property. provided <br />that Lender shalt give Truster notice prior to any such rnSMbOn specifying reasonable cause therefor related to Lender's <br />interest In the Property. <br />(g) Reconveyance. Upon payment of all sums secured'ty this Deed of Trust, Lender shall request Trustee to reconva t e <br />Property and shall surrender this Dead of Trust and all notes re •iridencing indebtedness secured by this Deed of Trust to Trustee. <br />Trustee shag reconvey the Property without warranty anti aaithout charge to the person or persons legally entitled thereto. <br />Truster shall pay all costs of recordation, if any. <br />(h) Pereenaf property; Seewily Agreement. As additional security for the payment of the Note, Truster hereby grants <br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures. equipment, and other personal property <br />clared or doomed to be a part of <br />used in connection with the real estate or improvements located thereon, and not otherwise de <br />the real estate secured hereby. This instrument shall be cc ^strued as a Security Agreement under said Code, and the Lender <br />shall have all the rights and remedies of a secured party 4rq at said Code In addition tv the rights and remedies created under <br />and accorded the be cumulative with, and ein no way ta to this limitattiion on, Lender's rrghts and remedies under and <br />any other SOMrlty agrieement signed by <br />Borrower or Trustor. <br />(1) Lions 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 pan of the Property. or other contract, instrument or <br />agreement constituting a :ion or encumbrance against all or any part of the Property (collectively, "Liens "). existing as of the <br />dale of this Deed of Trust, and that any and all existing Lions remain unmodified except as disclosed to Lender in Tiustor's <br />written disclosure of liens and encumbrances provided for herein. Truster 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, shell be applied by <br />Lender to the amounts duo and owing from Trustor and Borrower in such order as Lender in Its sole discretion deems otherwise <br />Severabllily. If any provision of this Deed of Trust conflicts with applicable law or is declared Invalid or otherwise can be <br />given <br />unenforceable, <br />thaut the co llicting provision. atndto thiscend the p o per ons of this Deed of Trust andtthe 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 some 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 or the date written above. \ c <br />� t j ' r_. \ I • r, 1. �' <br />NARY JANE VANDEMALL&ustor <br />Trustor <br />r -- <br />,x,?•E::.�kilci� tee..,•. <br />r <br />