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, <br /> . 99-scj�s�z <br /> original principal amount stated herein, or ONE HUNDRED FIFTY T'HOUSAND AND NO/100 <br /> Dollars ($150,000.00),whichever is greater. <br /> 16. Miscellaneous Provisions. <br /> (a) Borrower Not Released. Extension of the time for payment or modification of amortization of <br /> the sums secured by this Deed of Trust granted by Lender to any successor in interest of Bonower shall not operate <br /> to release, in any manner, the liability of the original Bonower and Borrower's successors in interest. Lender sha11 <br /> not be required to commence proceedings against such successor or refuse to e�rtend time for payment or otherwise <br /> modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original <br /> Bonower and Borrower's successors in interest. <br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of <br /> any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br /> the Property not then or theretofore released as a security for the full amount of a11 unpaid obligations, Lender may, <br /> from time to time and without notice,(i)release any person so liable;(ii)extend the maturity or alter any of the terms <br /> of any such obligations; (ni)grant other indulgences, (iv}release or reconvey, or cause to be released or reconveyed <br /> at any time at Lender's option any parcel, portion or a11 of the Property; (v)take or release any other or additional <br /> security for any obligation herein mentioned; or (vi) make compositions or other arran�ements with debtors in <br /> relation thereto. <br /> (c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br /> remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any <br /> such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall <br /> not be a waiver of Lender's right to 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 <br /> agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns <br /> of Lender and Trustor. All covenants and agreements of Trustor sha.11 be joint and several. The captions and <br /> headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define <br /> the provisions hereof. <br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder <br /> and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above <br /> in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in <br /> another manner, any notice provided for in this Deed of Trust shall be given by mailin� such notice by certified mail <br /> addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be <br /> effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address <br /> set forth above shall be notice to a11 such persons. <br /> (� Inspection. Lender may make, or cause to be made, reasonable entries upon and inspections of <br /> the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause <br /> therefor related to Lender's interest in the Property. <br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br /> Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured <br /> by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the <br /> person or persons legally entitled thereto. Trustor sha11 pay a11 costs of recordation,if any. <br /> (h) Personal Property; Security Agreement. As additional security for the payment of the Note, <br /> Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in a11 fixtures, <br /> equipment and other personal property used in connection with the real estate or improvements located thereon and <br /> not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as <br /> a Security Agreement under said Code, and the Lender shall have a11 the rights and remedies of a secured party under <br /> said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of <br /> Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a <br /> limitation on,Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under <br /> the provisions of any mortgage,deed of trust, lease or purchase contract describing a11 or any part of the Property, or <br /> other contract, instrument or agreement constituting a lien or encumbrance against a11 or any part of the Property <br /> (collectively, "Liens") existing as of the date of this Deed of Trust, and that any and all e�cisting Liens remain <br /> unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for <br /> herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under any <br /> and a11 e�sting and future Liens, and shall not without Lender's prior written consent in any manner modify the <br /> provisions of or allow any future advances under any existing or future Liens. <br /> (j) Aonlication of Pay ients. Unless otherwise required by law, sums paid to Lender hereunder, <br /> including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and <br /> Page 4 of 5 <br />