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G�9 �n7682 �' _ <br /> (h) Personal Property; Se�ti�i`ity A�r�ement. As additional security for the payment of the Note, Trustor hereby grants <br /> I,ender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property <br /> used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of <br /> the real estate secured hereby. This instrument shall be construed as a Security Agreement under sald Code, and the Lender <br /> shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies under this <br /> paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies;under, any other security <br /> 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 purchase contract describing all or any pazt of the Property, or other contract, instrument or <br /> agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens"), existing as of the <br /> date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's <br /> written disclosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, <br /> covenants, representations and warranties under any and atl ezisdng and future Liens, shali promptly forward to Lender gopies <br /> of all notices of default sent in connecuon with any and all exisdng or future Liens, and shall not without Lender's prior �+nt�ten <br /> consent in any manner modify the provisions of or allow any,future advances under any exisdng or future Liens. <br /> (j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without <br /> limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied <br /> by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in ita, sole discretion deems <br /> 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 <br /> given effect without the conflicting.provision, and to this end the provisions of this Deed of Trust and the,Note aze declared to <br /> be severable. � <br /> (I) Terms. The terms "Trustor" and "Borrower" shall include both singulaz and plurai, and when the Trustor and Borrower <br /> 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 ezecuted this Deed of Trust as of the date written above. <br /> � ��� � ���� : � � . <br /> Trustor � ' Trustor <br /> Trustor , Trustor . <br /> Trustor Trustor <br /> STATEOFNEBRASKA 1 <br /> ) , <br /> COUNTY OF H all � ss. <br /> The foregoing Deed of Trust was acknowledged before me this 2T1d day of Jt1�.X , <br /> �s 99 by Ja�k t.. Ni Pmoth �nd Marlene A. Niemoth� Husband and Wife <br /> 6ENERAI N01ARY-Slate af Nebras a '/� , , <br /> III GEORGE H.WANItSCHKE q�� <br /> My Comm.Exp.Feb.21,2000 Notary Public <br /> STATEOFNEBRASKA • <br /> 1 <br /> COUNTY OF � ss. <br /> � <br /> The foregoing Deed of Trust was acknowledged before me this day of „ <br /> 19 by <br /> of , a corporation, <br /> on behalf of the corporation. , <br /> STATE OF NEBRASKA 1 , Notary Public , _ , <br /> � ss. ' <br /> COUNTY OF � � ' <br /> The foregoing Deed of Trust was acknowledged before me this day of , <br /> ,1 <br /> 19 by '. <br /> a partner on behalf of � , a partnership. <br /> � <br /> j;.. <br /> STATE OF NEBRASKA � Notary Pubiic, ,. <br /> � ss. , <br /> COUNTY OF 1 ' • � <br /> ; • <br /> The foregoing Deed of Trust was acknowledged before me this day of � , <br /> 19 by • <br /> of , a limited liability <br /> company. <br /> Notary Public. , <br /> INscxsn cN�+ad o«a�aev.ioAS � � ,, , . , � , <br />