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, , 99 106381 , (h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or agreement 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, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written conseni in any manner modify the provisions of or allow any future advances under any existing or future Liens. (j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effeci without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the same person(s1,those terms as used in this Deed of Trust shall be interchangeable. (m)Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. Trustor has executed this Deed of Trust as of the date written above. ��_ �r�Q4�'� __.__ �,/L`'Pivl—\✓�= --- --_ -- ---__._ . . _ - — _ Robert L. Joh n Trustor Harriett M. Johnson Trustor Trustor __— - ------- --- - -- ---_. - -- — — - —__ __ — --- —_— _ __ ---__ Trustor Trustor Trustor ___ _ _ _ _ _ _ _---_ _ __- -_ Trustor Trustor Trustor STATEOFNEBRASKA 1 1 ss. COUNTY OF Hall ) The foregoing Deed of Trust was acknowledged before me this 24th day of June , 1999 , before _— — - —— — . __-- -__— me, a General Notary Public in and for the State of Nebraska, personally came: Robert L. Johnson and Harriett M. Johnson, husband and wife to me personally known to be the identical person(s)whose name(s)are affixed to the above Deed of Trust, and they acknowledged the execution thereof to be their voluntary act and deed as individuals. Witness my hand and notarial seal the day and year last above written. vn�� n � �.--_ � � ��n�'/Ii - __ GENERA��TARY•SlateofNeb� Notary Public _. _ __ STATE OF NEBRASKA 1 �ppKE.SINDT 1 ss. MyOomm.Exp.Jm929,1999 COUNTY OF ► The foregoing Deed of Trust was acknowledged before me this day of by — — -- _ __ ___ Notary Public