w , '' .� (JA� �RECORp�
<br /> � . � �� i�'i4Q85
<br /> , . - 9.9� s�;s�os
<br /> 16. Miscellaneous Provisions
<br /> ' (a) Borrowsr.Not Relesssd. Extension of the time for peyment or modification of the sums secured by this Deed of Truat grantad
<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 /> end Borrower's successors in intereat. Lendar shall not be required to commence proceedings against auch succesaor or refuse to
<br /> extend time for payment or otherwise modify emortization of the sums secured by this Deed ot Trust by reason of any demands
<br /> mede by the original Borrower and Borrower's successors in interest.
<br /> (b) Lsnder'e Powsrs. Without affecting the liability of eny other person liable for tha payment of any obligation herein mentioned,
<br /> and without effecting 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 emount of all unpeid obligations, Lender may, from time to time and without notice (i) release any person so
<br /> lieble, (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 releesed or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v)teke or releasa eny
<br /> other additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in
<br /> relation thereta ,_ .,,,,
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender m exprct9�nga$�.W�ttg���t;,+',�13ngfdy h�reunder, or otherwise
<br /> afforded by applicable (aw, shall not be a waiver of or preclude the exelrcise�o� �r�F,��pi�ht or r�i�edy; The procurement of
<br /> insurance or the payment of taxes or other liens or charges by Lender ShsFl��qt F�ery�sy��'►,rqf'�(k IJfRder`s right to accelerate the
<br /> maturity of the indebtedness secured by this Deed of Trust. '���- ^�`°"°'"'"""""`"""`"""`"""""""°` '
<br /> (d) Succeaeors end Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall
<br /> bind, and the ►ights hareunder shall inure to, the respective successors end assigns of Lender and Trustor. All covenants and
<br /> egreements of Trustor shall be joint a�d severel. The captions and headings of the paragraphs of this Deed of Trust ere for
<br /> 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 notice of
<br /> sale hereunder be meiled to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable
<br /> law. Except for any 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, et the address set forth above. Any
<br /> notice provided for in this Deed of Trust shall be effective upon mailing 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 entneQT:fu'}[��' �'�nt1�^x�peoNc�aa-•of,..tkae„�pperty, provided that
<br /> ChC':''! 1f t�•
<br /> Lender shall give Trustor notice prior to any such inspection specifying rea�onab 9 causg t�'�'Ie���Wiilild�lo L�nder's interest in the
<br /> �' `e�".;'u�f�.�T�'�7 �'
<br /> Property. ,�..� �,5 4, ,j �
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed ��,�:��ti t��'r�i6��N�q�st �'(ustee to reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secure�c"{�iy i"�i"s"'D�`bYf'of Trust to Trustee.
<br /> Trustee shall reconvey the Property without warrenty and without charge to the person or persons legally entitled thereto. Trustor
<br /> shall pay all costs of recordation, if any.
<br /> (h) Perso�al Property;Security Agreement. As edditional security for the payment of the Note, Trustor hereby grants Lender under
<br /> the Nebraske 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 ell 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 ot Trust; provided that Lender's rights and remedies under this pnragraph shell be cumulative with, and in no way e
<br /> limitetion on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor.
<br /> (i) Liens and Encumbrences. Trustor hereby warrants and represents that there is no detault 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"), existing as of the date of
<br /> this Deed of Trust, and that any and all existi�g Liens remain unmodified except as disclosed to Lender in Trustor's written
<br /> disclosure of liens and encumbrances provided for herein. Trustor shall timely pertorm all of Trustor's obligations, covenants,
<br /> representations and warranties under any end 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 shell not without Lender's prior written consent in any
<br /> manner modify the provisions of or etlow eny future advances under eny existing or future Liens.
<br /> (j) Application of Peyments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br /> payments of principal end 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 i� such order as Lender in 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 aftect the other provisions of this Deed of Trust or the Note which can be given
<br /> effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declered to be
<br /> severeble.
<br /> (1) Terms. The terms "Trustor" and "Borrower" shall include both singuler and plural, and when the Trustor and Borrower are the
<br /> same personls),those terms es used in this Deed of Trust shall be interchangeable.
<br /> (m) Oovarning Law.This Deed of Trust shall be governed by the laws of the Stete of Nebraska.
<br /> Trustor has executed this Deed of Trust es of the date written above.
<br /> - � <-�ZG—� /L ' -
<br /> ' a„"`
<br /> KENNETH l MARE Trustor SANDRA K MARET Trustor
<br /> �3 C C3�,.�-- �c.�e,�z�,.e..
<br /> BARR UCHHOLZ � Trustor E A BUCHHOLZ Trustor
<br /> JE R Trustor GAYLE M BECK Trustor
<br /> � t��i / � � �i . � ` ��������.
<br /> ESTHER DORA BECK TRUSTOR ILBUR R. BECK TRUSTOR
<br /> a/k/a Esther D. Beck
<br /> I
<br />
|