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r . 93 i�OB .. ....- .. .. <br /> "i <br /> '�5. Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future edvances and readvances to <br /> Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount <br /> of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed the <br /> original principal amount stated herein, or $ 500,000.00 , whichever is greater. <br /> � . <br /> �s. Miscellaneous Provisions. <br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortizafion of the sums secured by this <br /> Deed of Trust granted by Lender to any successor in interest of Bor�ower shall not operate to release, in any manner, the liability of the <br /> original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or <br /> refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason ot 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 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 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 liable, (ii) <br /> extend the maturity or aker any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or cause to be <br /> released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional <br /> security for any obligation herein mentioned, or (vi) make compositions or other errangements with debtors in relation thereto. <br /> �c� Forbearance by Lender Not e W81V@1'. 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 procurement of <br /> insurance or the payment of taxes or other liens or charges by Lender shail not be a waiver of Lender's right to accelerate the maturity of <br /> the indebtedness secured by this Deed of Trust. <br /> �d� Successors and Assigns Bound; Joint and Several Liability; Captions. 'rne covenancs and agreements <br /> herein 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 Trust are for <br /> convenience only and are not to be used to interpret or define end 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 <br /> of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by appl(cable law. <br /> Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall <br /> be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any notice provided for in <br /> this Deed of Trust shall be effective upon mailing in the manner designeted herein. If Trustor is more than one person, notice sent to the <br /> address set forth above shall be notice to all such persons. <br /> �t�� 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 Property. <br /> �9� Reconveyance. Upon payment of ail sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br /> Property and shall surrender this Deed of Trust and ail notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shaii <br /> reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of <br /> recordation, if any. <br /> �n� 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 fuctures, equipment, and other personal property used in <br /> connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate <br /> secured 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 to this <br /> Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, <br /> Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> �t� Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions oi any <br /> mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or agreement <br /> 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, <br /> and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances <br /> provided for herein. Trustor shalt timely perform all of Trustor's obiigations, covenants, representations and warranties under any and all <br /> existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or • <br /> future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow any future advances under <br /> any existing or future Uens. • <br /> (�� Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, lncluding w(thout Iimitation <br /> payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the <br /> amounts due and owing from Trustor and Borrower in 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 fs declared invalid or otherwise <br /> unen(orceable, such conflict or invalidity shalt not affect the other provisions of this Deed of Trust or the Note which can be given effect <br /> without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. ' <br /> (q Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor end Borrower are the <br /> 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 /> Neb a Tra r C . , Inc. � <br /> rrustor <br /> Truetor <br /> F7327.LMO (7/95). Pape 3 of 4 <br />