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. . � 99-��33ss 22. Successors and Assi ns. This Trust Deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, personal representatives, successors and assigns. The term "Lender" shall mean the owner and holder of the Note, whether or not named as Lender herein. All covenants and agreements of Borrower shall be joint and several. 23. Appointment of Successor Trustee. Lender may, from time to time, by a written instrument executed and acknowledged by Lender, mailed to Borrower and recorded in the county in which the Trust Estate is located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hereunder. 24. Reconvevance by Trustee. Upon written request of the Lender stating that all sums secured hereby have been paid, and upon surrender of this Trust Deed and the Note to Trustee for cancellation and retention upon payment by Trustors of Trustee's fees, Trustee shall reconvey to Borrower, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of their truthfulness. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto". If the Lender issues a partial reconveyance of this Trust Deed, the proceeds received therefor shall be credited to the maturing installment of the indebtedness secured hereby. 25. Personal Propertv, Securit�Agreement. As additional security for the payment of the Note, all fixtures, equipment, and other personal property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby, shall be subject to a security interest in favor of the Lender under the Nebraska Uniform Commercial Code. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party nder said Code in addition to the rights and remedies created under and accarded the Lender pur ant this rust eed > Kenneth S. Banks �� Connie E. Banks STATE OF NEBRASKA ) )SS. COUNTY OF ADAMS ) On this 31st day of March, 1999, before me, the undersigned, a Notary Public in and for said County, personally came Kenneth S. Banks and Connie E. Banks husband and wife to me known personally to be the identical persons whose names are affixed to the above Trust Deed and Construction Security Agreement and Security Agreement, and acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and notarial seal the day and year 1 above written. GENERAL NOTARY•State ot Nebraska _ �I� JERRY L.BLAZER My Comm.Exp.)une 1,1001 No ty P lic 7