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<br />90•--' 107136
<br />is, Miscelib"ous 111M alolts.
<br />(a) RoltaweI Not 1tiffea . Extension of the lime for payment or modification of amortization of the sums eewund by this
<br />Dead of Trust granted by Lender to any successor in Interval of 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 %me for payment or otherwise modify smortizallon 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) Lender's Powers. 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 than or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender may, from line to time and without notice (1) release any
<br />person reconvey, or cauextend o be released orrreconveyed the
<br />at any time at Lender's option t any iparcel, other
<br />portioindulgences. or o he 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) Forbeisrance by Lender Not a Waiver. Any forbearance by Lender In exercising any right or remedy hereunder, or
<br />oherwise 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 Dens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the malurity of #16 indebtedness s `cur° -'d by this mead of Trust
<br />(d) Suceesa rs and Assigns ttoand; Jalat said Several LieWIBy; Captlom. 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 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 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 proscribed 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 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 shell 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) Reconveyance. 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 Dow of Trust to Trustee.
<br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thersto.
<br />Trustor shall pay all costs of recordation, if any.
<br />rh) Persona! Preparty; Sacurlly AgreemenL As additional security for the payment 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 0
<br />the real estate secured hereby. This Instrument shall be construed as a Security Agreement under said Code, and the Lerlav r
<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 r ghts 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 OT puTchase z-aniract describing all or any part of the Property, or other contract, instrument or
<br />agreement constituting a lien, DT encumbTanze against all or any part of the Property (collectively, "Liens "), existing as of the
<br />date of this Deed of Trust, nno 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 rerform all of Trustor's obligations,
<br />covenants, representations and warranties under any and all exisiting and future Liens, s:^ a,, 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 ant, manner modify the provisions of or allow any future advances under any existing or future Liens.
<br />q) Application of Payments. Unless otherwise required by law, sums paid to Lender t+eTeunder, 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 ano owing from Trustor and Borrower in such order as Lender in Its sole discretion deems desirable.
<br />(k) Severability. 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 Ueed 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) Teens. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower
<br />are the same person(s), these terms as used in this Deed of Trust shall be interchangeable.
<br />(m) Goveming 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 />-) 1^^.. - .- - --
<br />Jolene M. Fredrick Trustor
<br />Trustor
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<br />90•--' 107136
<br />is, Miscelib"ous 111M alolts.
<br />(a) RoltaweI Not 1tiffea . Extension of the lime for payment or modification of amortization of the sums eewund by this
<br />Dead of Trust granted by Lender to any successor in Interval of 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 %me for payment or otherwise modify smortizallon 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) Lender's Powers. 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 than or theretofore
<br />released as security for the full amount of all unpaid obligations. Lender may, from line to time and without notice (1) release any
<br />person reconvey, or cauextend o be released orrreconveyed the
<br />at any time at Lender's option t any iparcel, other
<br />portioindulgences. or o he 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) Forbeisrance by Lender Not a Waiver. Any forbearance by Lender In exercising any right or remedy hereunder, or
<br />oherwise 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 Dens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the malurity of #16 indebtedness s `cur° -'d by this mead of Trust
<br />(d) Suceesa rs and Assigns ttoand; Jalat said Several LieWIBy; Captlom. 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 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 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 proscribed 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 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 shell 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) Reconveyance. 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 Dow of Trust to Trustee.
<br />Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thersto.
<br />Trustor shall pay all costs of recordation, if any.
<br />rh) Persona! Preparty; Sacurlly AgreemenL As additional security for the payment 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 0
<br />the real estate secured hereby. This Instrument shall be construed as a Security Agreement under said Code, and the Lerlav r
<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 r ghts 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 OT puTchase z-aniract describing all or any part of the Property, or other contract, instrument or
<br />agreement constituting a lien, DT encumbTanze against all or any part of the Property (collectively, "Liens "), existing as of the
<br />date of this Deed of Trust, nno 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 rerform all of Trustor's obligations,
<br />covenants, representations and warranties under any and all exisiting and future Liens, s:^ a,, 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 ant, manner modify the provisions of or allow any future advances under any existing or future Liens.
<br />q) Application of Payments. Unless otherwise required by law, sums paid to Lender t+eTeunder, 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 ano owing from Trustor and Borrower in such order as Lender in Its sole discretion deems desirable.
<br />(k) Severability. 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 Ueed 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) Teens. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower
<br />are the same person(s), these terms as used in this Deed of Trust shall be interchangeable.
<br />(m) Goveming 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 />-) 1^^.. - .- - --
<br />Jolene M. Fredrick Trustor
<br />Trustor
<br />,
<br />F-•
<br />ie
<br />, •r•i 7yLr�ai_—
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