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200403355 <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 <br />any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument <br />or 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 disclosures liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, <br />covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies <br />of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written <br />consent in any 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, including without <br />limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be <br />applied by Lender to the amounts due and owing from Trustor and Borrower in such order as Lender in its sole discretion <br />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 <br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to <br />be severable. <br />(1) Terms. The terms " Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and <br />Borrower 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 executed this Deed of Trust of the date written above. <br />00�u A <br />PATRICIA M. PANOW Z <br />MI HAEL A. PANOWICZ <br />TRUSTOR <br />TRUSTOR <br />STATE OF NEBRASKA ) <br />)SS. <br />COUNTY OF BUFFALO ) <br />The foregoing Deed of Trust was acknowledged before me this 2ND day of APRIL , 2004, by <br />MICHAEL A. PANOWICZ AND PATRICIA M. PANOWICZ <br />HUSBAND AND WIFE JL <br />T GEW -M NOTARY - 80 of Nebraska <br />KERWYN L. STEWART Not Public <br />My Comm. Exp. Feb. 2, 2006 <br />