|
�.-� .
<br /> 99 lOS'774
<br /> 16. Miscellaneous Provisions
<br /> (a) Borrower Not Released. Extension of the tima for payment or modification of the sums secured by this Deed of Trust granted
<br /> by Lender to any successor in inte�est pf Bor�ower shall not operate to release, in any manner, the liability of the original Borrower
<br /> and Borrower's successors in interest. Lender shall not ba required to commence proceedings against such successor or refuse to
<br /> extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of 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 mantioned,
<br /> 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, Lendar may, from time to time and without notice (i) release any person so
<br /> liable, (ii) extend the maturity or alter any of the tarms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey,
<br /> or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any
<br /> other additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in
<br /> relation thereto.
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercisinp any right or remedy hereunder, or otherwise
<br /> afforded by applicable law, shall not be a waiver of or praclude the exercisa of any such right or remedy. Tha procurement of
<br /> insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the
<br /> maturity of the indebtedness secured by this Deed of Trust.
<br /> (d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall
<br /> bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and
<br /> 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 the 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 of
<br /> sale hereunder be mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable
<br /> law. Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of
<br /> Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above. Any
<br /> notice provided for in this Deed of Trust shall be effactive upon mailing in the mannar designated herein. If Trustor is more than one
<br /> person, notice sent to the address set forth above shall be notice to all such persons.
<br /> (f) 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
<br /> Property.
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br /> Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
<br /> Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor
<br /> 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 grants Lender under
<br /> the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property used in connection
<br /> with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured
<br /> hereby. This instrument shall be construed as a Security Agreement undar 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
<br /> to this Deed of 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 a�d 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 the provisions of any
<br /> mortgage, deed of trust, lease or purchasa contract describing all or any part of the Property, or other contract, instrument or
<br /> agreement constituting a lien or encumbrance against all or any part of the Property (coilective, "Liens"), existing as of the date of
<br /> this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lendar in Trustor's written
<br /> disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants,
<br /> representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of
<br /> default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written consent in any
<br /> manner modify the provisions of or allow any future advances under any existing or future Liens.
<br /> (j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, includine without limitation
<br /> payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to
<br /> the amo�nts due and owing from Trustor and borrower in such order as Lender in ite sole discretion deems desirable.
<br /> (K) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise
<br /> unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given
<br /> effect without the conflicting provision, and to this and the provisions of this Deed of Trust and the Note are declared to be
<br /> severable.
<br /> (I) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the
<br /> same person(s),those terms as used in this Deed of Trust shall be interchangeable.
<br /> (m) Goveming 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 /> ♦
<br /> ICHAEL $ Trustor Trustor
<br /> _�
<br /> PAULINE A. RANDALL Trustor Trustor
<br /> Trustor Trustor
<br />
|