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r - 9g� �Q�393� <br /> * 16.Miscellaneous Provisions . <br /> (a) Borrower Not Released:Eztension�f the time for payment or modification of the sums secured by this Deed of Trust granted <br /> by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower <br /> and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to <br /> extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason-of any demands <br /> made by the original Borrower and Borrower's successors in interest. <br /> (b) Lender's Powers.Without affecting the liability of any other person�iable for the payment of any obligation herein mentioned, <br /> and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as <br /> security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so <br /> liable, (ii)extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, <br /> or cause to be released or reconveyed at any time at Lender's option any parcel,portion or all of the Property, (v)take or release any <br /> other additional security for any obiigation herein mentioned, or (vi) make compositions or other arrangements with debtors in <br /> relation thereto. <br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise <br /> afforded by applicable law, shall not be a waiver of or preciude the exercise of any such right or remedy. The procurement of <br /> insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the <br /> maturity of the indebtedness secured by this Deed of Trust. <br /> (d) Successors and Aasigns Bound; Jofnt and Several Uebtltty; Captions. The covenants and agreements herein contained shall <br /> bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and <br /> agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for <br /> convenience oniy 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 of <br /> sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable <br /> law. Except for eny other notice required under applicable law to be given in another manner, any notice provided for in this Deed of <br /> Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any <br /> notice provided for in this Deed of Trust shall be effective upon maiting in the manner designated herein. If Trustor is more than one <br /> person,notice sent to the address set forth above shall 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 that <br /> Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the <br /> Property. <br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br /> P�operty and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. <br /> Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor <br /> shall pay all costs of recordation,if any. <br /> (h) Personal Property;Security Agreement.As additional security for the payment of the Note,Trustor hereby grants Lender under <br /> the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in connection <br /> with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured <br /> hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and <br /> remedies of a secured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant <br /> to this Deed of Trust; p�ovided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a <br /> iimitation on, Lender's rights and remedies under any othe�security agreement signed by Borrower or Trustor. <br /> (i) Liens 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 part of the Property, or other contract, instrument or <br /> agreement constituting a lien or encumbrance against all or any part of the Property (collective, "Liens"1, existing as of the date of <br /> this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written <br /> disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, <br /> representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of <br /> default sent in connection with any and all existing or 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 or future Liens. <br /> (j) Appiicetion 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, shall be applied by Lender to <br /> the amounts due and owing from Trustor and borrower in such order as Lender i�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 provisions of this Deed of Trust or the Note which can be given <br /> etfect 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 /> (q Terms.The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the <br /> same personls),those terms as used in this Deed of Trust shall be interchangeable. <br /> (m) Governing Law.Thls 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 /> / L <br /> � <br /> ev . ain or Trustor r . in t Trustor <br /> � <br /> Trustor Trustor <br /> Trustor Trustor <br />, NBC 3467C(Nonagrlcultural Dsed)Rev.6/86 <br />