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<br /> 99 106352
<br /> (a) Borrower Not Released. E�ension 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 irrterest of Borrower shall not operate
<br /> to release, in any manner, the liability of the original Bonower and Borrower's successors in interest. Lender shall
<br /> not be required to commence proceedings against such successor or refuse to extend 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 /> 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
<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 all 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;(iii)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 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 arrangements 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 sha11 not be a waiver of, or preclude the exercise of, any
<br /> such right or remedy. The procurement of insurance or the payment of t�es 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; Ca tp ions. 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 shall 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) R�quest 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 la�v. 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 mailing such notice by certified mail
<br /> addressed to the other�a.rties, at the addres�set.forth above. Any notice pr�vided for in this neeci c�f Tnist �hall 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 sha11 be notice to all such persons.
<br /> (fj Ins„�.ection. Lender may make, or cause to be made, reasonable entries upon and inspections of
<br /> the Property, provided that Lender sha11 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 reyuest
<br /> Trustee to reconvey the Property and shall surrender this Deed of Trust and a11 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 shall pay a11 costs of recordation,if any.
<br /> (h) Personal Property; Securitv 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 sha11 have all 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, protiided 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 a�ainst a11 or any part of the Property
<br /> (collectively, "Liens") e�cisting as of the date of this Deed of Trust, and that any and a11 existing 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 a11 of Trustor's obligations, covenants, representation and warranties under any
<br /> and all existing 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) Apnlication of Payments. 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 /> rents and profits, sha11 be applied by Lender to the amounts due and owing from Trustor and Bonower in such order
<br /> as Lender in its sole discretion deems desirable.
<br /> (k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is declared
<br /> invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of
<br /> Tnzst or the Note which can be given effect without the contlicting provision, and to this end, the provisions of this
<br /> Deed of Trust and the Note are declared to be severable.
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