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16. Miscellaneous Provisions. 200400505
<br />(a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by
<br />this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
<br />liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings
<br />against such successor or refuse to extend time for payment or otherwise- modify amortization of the sums secured by this
<br />Deed of Trust 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 lien or charge of this Deed of Trust upon any portion of the Property not then or
<br />theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice
<br />(i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other
<br />indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion
<br />or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make
<br />compositions or other arrangements with debtors in relation thereto.
<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise 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 of the payment of taxes or other liens or charges by Lender shall not be a waiver or Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained 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
<br />notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed
<br />by applicable law. Except for any other notice required under applicable law to be given in another manner, any notice
<br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the
<br />address set forth above. Any notice provided for in this Deed of Trust shall be effective upon mailing in the manner designated
<br />herein. If Trustor is more than one 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,
<br />provided that Lender shall give Trustor notice 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 Trust, Lender shall request Trustee to reconvey
<br />the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to
<br />Trustee. Trustee shall reconvey the Property, without warranty and without charge to the person or persons legally entitled
<br />thereto. Trustor 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
<br />Lender under the Nebraska Uniform 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, and not otherwise declared or deemed to be
<br />a part of the real estate secured hereby. 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 in addition to the rights and remedies
<br />created under and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this
<br />paragraph shall be cumulative with, and.in no way a limitation on, Lender's rights and remedies under any other security
<br />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
<br />any mortgage, deed of trust, lease or purchase contract describing all or any pert of the Property, or other contract, instrument
<br />or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens "), existing as of the
<br />date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's
<br />written disclosures liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations,
<br />covenants, representations and warranties under any and all existing and future Liens, shall 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 any 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 hereunder, including without
<br />limitation payments of principal and 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 such order as Lender in its sole discretion
<br />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
<br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to
<br />be severable.
<br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and
<br />Borrower are the same person(s), those terms 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 the State of Nebraska.
<br />Trustor has executed this Deed of Trust as of the date written above.
<br />CHARLES E. KEMPTAR, TR STEE
<br />Trustor
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<br />Trustor
<br />Trustor
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