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202207920
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Last modified
11/9/2022 3:58:48 PM
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11/9/2022 3:58:47 PM
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DEEDS
Inst Number
202207920
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202207920 <br />prior to any such inspection specifying reasonable cause therefor related to <br />Lender's interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of <br />Trust, Lender shall request Trustee to reconvey the Property and shall surrender <br />this Deed of Trust and all notes evidencing indebtedness secured by this Deed of <br />Trust to Trustee. Trustee shall reconvey the Property, without warranty and without <br />charge, to the person or persons legally entitled thereto. Trustor shall pay all costs <br />of recordation, if any. <br />(h) Personal Property; Security Agreement. As additional security for the <br />payment of the Note, Trustor hereby grants Lender, under the Nebraska Uniform <br />Commercial Code, a security interest in all fixtures, equipment, and other personal <br />property used in connection with the real estate or improvements located thereon <br />and not otherwise declared or deemed to be a part of the real estate secured hereby. <br />This instrument shall be construed as a Security Agreement under said Code, and <br />the Lender shall have all the rights and remedies of a secured party under said Code <br />in addition to the rights and remedies created under and accorded to Lender <br />pursuant to this Deed of Trust; provided that Lender's rights and remedies under <br />this paragraph shall be cumulative with and in no way a limitation on Lender's <br />rights and remedies under any other security agreement signed by Borrower or <br />Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that <br />there is no default under the provisions of any mortgage, deed of trust, lease, or <br />purchase contract describing all or any part of the Property, or any other contract, <br />instrument, or agreement constituting a lien or encumbrance against all or any part <br />of the Property, (collectively, "Liens") existing as of the date of this Deed of Trust; <br />and that any and all existing Liens remain unmodified except as may be disclosed <br />to Lender by Trustor in writing. Trustor shall timely perform all of Trustor's <br />obligations, covenants, representations, and warranties under any and all existing <br />and future Liens, and shall not, without Lender's prior written consent, in any <br />manner modify the provisions of or allow any future advances under any existing <br />or future Liens. <br />(j) Application of Payments. Unless otherwise required by law, sums paid <br />to Lender hereunder, including without limitation payments of principal and <br />interest, insurance proceeds, condemnation proceeds, and rents and profits, shall be <br />applied by Lender to the amounts due and owing from Trustor and Borrower in <br />such order as Lender in its sole discretion deems desirable. <br />(k) Severability. If any provision of this Deed of Trust conflicts with <br />applicable law or is declared invalid or otherwise unenforceable, such conflict or <br />invalidity shall not affect the other provisions of this Deed of Trust or the Note that <br />can be given effect without the conflicting provision; and to this end, the provisions <br />of this Deed of Trust and the Note are declared to be severable. <br />(I) Terms. The terms "Trustor" and "Borrower" shall include both singular <br />and plural, and when the Trustor and Borrower are the same person(s), those terms <br />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 <br />the State of Nebraska. <br />Page 7 of 8 <br />
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