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200401726 <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 <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 Trustee to <br />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 <br />to the person or persons legally entitled 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 <br />grants Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, <br />and other personal property used in connection with the real estate or improvements located thereon, and not <br />otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed <br />as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured <br />party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant <br />to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be cumulative <br />with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed <br />by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions <br />of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other <br />contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property <br />(collective, "Liens "), existing as of the date of this Deed of Trust, and that any and all existing Liens remain <br />unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided <br />for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties <br />under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of default <br />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 <br />Liens. <br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including <br />without limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents <br />and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such <br />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 <br />otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust <br />or the Note which can be given effect without the conflicting provision, and to this end the provisions of this <br />Deed of Trust and the Note are declared to be severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor <br />and 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 />Russell A. upencheck, Trustor <br />STATE OF NEBRASKA ) <br />JI�, ) ss. <br />COUNTY OF 1P7L ) <br />The foregoing Deed of Trust was acknowledged before me on this _ day of February 2004 by Russell A. Supencheck, Trustor. <br />•, , SALMON <br />EXPIRES <br />t, 2007 <br />MMn <br />Notary Public <br />