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<br /> 99 10651�
<br /> 16. Miscellaneous Proviaions
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<br /> (a) Borrower Not Released. Extension of the�tirme�Or.°pa�men�tta��►nodification of the sums secured by this Deed of Trust gra�ted
<br /> by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower
<br /> and Borrower's successors in i�terest. Lender shell not be 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 a�y demands
<br /> made by the original Borrower and Borrower's successors in interest.
<br /> (b) Lender's Powera. Without affecting the liability of any other person liable fo�the payment of any obligation herein mentioned,
<br /> and without affecting the lien or charge ot 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, Lender may, from time to time and without notice (i) release any person so
<br /> liable, (ii) extend the maturity or alter any of the terms 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 anK parcel, portion or all of the Property, (v)take or release eny
<br /> other additionel security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in
<br /> relation thereto.
<br /> (c) Forbearance by Lendar Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise
<br /> afforded by epplicable law, shall not be a waiver of or preclude the exercise of any such right or rQmedy. The procureme�t 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 Aesigns Bound; Joint and Several Liability; Ceptions. The covenants and agreements herein containad shall
<br /> bind, end the rights hereunder shall inure to, the respective auccessors and assigns of Lender and Trustor. All covenents and
<br /> agreementa of Trustor shall be joint and several. Tha captions and headings of the paragraphs of this Deed of Trust are for
<br /> convenience only end are not to be used to interpret or define the provisions hereof.
<br /> (e) Requeat for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy ot 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 meiling 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 effective upon mailing in the manner designated herein. If Trustor is more than one
<br /> person,notice sent to the address aet forth above shall be notice to all auch persons.
<br /> (f) Inepection. 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 atl costs of recordation, if any.
<br /> (h) Personal Propsrty;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 under 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 and remedies under any other security agreement signed by Borrower or Trustor.
<br /> (i) Liens and Encumbrancas. Trustor hereby warrants and represents that there is no default under the provisions of any
<br /> mortgage, deed of trust, lease or purchese contract describing all or any part of the Prope�ty, or other contrect, instrument or
<br /> agreement constituting a lien or encumbrence against all or any part of the Property (collective, "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 Lender 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 /> menner modify the provisions of or allow any future advances under any existing or future Liens.
<br /> (j) Applicstion of Peyments. Unleas otherwise required by lew, sums paid to Lender hereunder, including without limitation
<br /> payments of principal and interest, i�aurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to
<br /> the amounts due and owing from Trustor and borrower in such 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 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 end the provisions of this Deed of Trust and the Note are declared to be
<br /> severable.
<br /> (p Terms.The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower ere the
<br /> same person(s),those terms as used in this Deed of Trust shall be interchangeable.
<br /> (m) Caoverning 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.
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<br /> D D SWANSON Trustor p�,A J SON Trustor
<br /> Trustor Trustor
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