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. . � f � �(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants � Lender under the Nebraska Uniform Commercial Code a security interest in 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. 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 under said Code in addition to the rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, insmxment or �� agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, a covenants, representations and warranties under any and a11 existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written � consent in any manner modify the provisions of or allow any future advances under any eacisting or future Liens. � (j) Application of Payments. Unless otherwise requued by law, sums paid to Lender hereunder, including without � limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied � by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust �nd the Note are declared to be severable. (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. (m)Governing Law. This Deed of Trust shall be govemed by the laws of the State of Nebraska. Trustor has executed this Deed of Trust as of the date written above. �� PATRICIA A IRVINE Trustor DONALD L IRVINE Trustor Trustor Trustor . Trustor Trustor STATE OF NEBRASKA 1 1 COUNTY OF xr,LL � ss. The foregoing Deed of Trust was acknowledged before me this (D day of H p r;, � 19� by DO�IRVINE AND PATRrrrA A rRVINF T B I� WrFE 6ENERAI NOTIIRIf•STATE Of NEBAASKA �� MARILYN L.HICKEY � STATE OF NEBRASKA MY C�MM EJIP.JAN.24,2001 otary Publi 1 COUNTY OF � ss. The foregoing Deed of Trust was acknowledged before me this day of 19 by of , a corporation, on behalf of the corporation. STATE OF NEBRASKA 1 Notary Public � ss. COUNTY OF 1 The foregoing Deed of Trust was acknowledged before me this day of , 19 by a partner on behalf of , a partnership. STATE OF NEBRASKA � Notary Public � ss. COUNTY OF 1 The foregoing Deed of Trust was acknowledged before me this day of 19 by of , a limited liability company. Notary Public r�eciasn c�mnum�rs��.�an 1988 Natioml Bedc of Commerce Tntst md Savit�ys pssaciadoq Lircolq Nebruka �