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� - gg_ 1�8s4s . <br /> 18. Miscellaneous Provfsfons <br /> (a) Bonower Not Released. Extension of the time for payment or modification of the sums secured by this Deed of Trust granted <br /> by Lender to any successor fn Interest of Borrower shall not operate to release, in any manner, the Habillty of the original�Borrower <br /> and Borrower's aucceasora in Interest. Lender shall not be required to commence proceedings against such successor or refuse to <br /> extend time for payment or otherwiae modify amortizatlon of the sums secured by this Deed of Trust by reeson of any demands <br /> made by the originel Borrower and Borrower's successors in Interest. <br /> (b)Landar's Powers.Without aifecting the liability of any other person liable for the payment of any obflgation hereln mentioned, <br /> and without affecting the Ifen 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, Lender may, from tfine to time end without notfce (i) release any person so <br /> liable, (fi)extend the maturity or alter eny of the terms of any such obligations, (ili) grant other fndulgences, (iv) release or reconvey, <br /> or cause to be released or reconveyed at any t(me 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 debtora in <br /> reletion thereto. >. <br /> (c) Forbeersnce by Lender Not e Weiver. Any forbearance by Lender in exercising any right o�remedy hereunder, or otherwise <br /> atiorded by appl(ceble law, shall not be a waiver of or preclude the exercise of any such right or remedy. 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) Succesaors and Asaigna Bound; Jolnt and Severai Llebility; Captlons. The covenants and agreements herein contained shall <br /> bind, and the righYs hereunder shsil �nu�e to, th� respective� succes��rs anci assigns of !enQa- snu T;e�stor. AI! covenanis and <br /> agreements of Trustor shali be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for <br /> convenfence only and are not to be used to interpret or define the provisions hereof. <br /> (e) Request for Notices. The partles 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 thls Deed of Trust at the address set forth above in the manner prescribed by applicable <br /> law. Except for any other notice required under appl(cable law to be g(ven in another manner, any notice provlded for In this Deed of <br /> Trust shali be given by meiling auch notice by cartifted mall addresaed to the other partiea, et the address set forth above. Any <br /> notice provided for in this Deed of Trust shell be effective upon malUng in the manner deaignated hereln. If Trustor is more then one <br /> peraon,notice aent to the addresa set forth above shall be notice to all such persons. <br /> (t) Inapsction. Lender mey make or cause to be made reasonable entrles upon and Inapectiona of the Property, provided that <br /> Lender shall give Trustor notice prior to any such (napectlon specifyfng reasonable cause therefor related to Lender's Interest in the <br /> Property. <br /> (g) Reconveyance. Upon payment of all aums secured by this Deed of Trust, Lender shall request Trustee to reconvey the <br /> Property and shall aurrender this Deed of Trust and ell notea evidencing Indebtedness aecured by this Deed of Trust to Trustee. <br /> Trustee ehall reconvey the Property without warranty and w(thout charge to the person or persons legally entftled thereto. Trustor <br /> shall pay all costs of recordation, if any. <br /> (h) Personal Proparty;Security Agreement. As additional security for the payment of the Note, Trustor hereby grants Lender under <br /> the Nebreske Uniform Commercial Code e security Interest in all fixtures, equipment, and other pereonel property used in connectfon <br /> with the real estate or improvementa located thereon, end not otherwiae declared or deemed to be a part of the real estate secured <br /> hereby. This instrument shall be construed as a Security Agreement under sald 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; provlded that Lender's r(ghts and ramedies under thfs 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) Uens end Encumbrences. 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 part of the Property, or other contract, instrument or <br /> agreement constltuttng a Ilen or encumbrance against all or any part of the Prop�rty (collective, "Llens"1, existiny as of the date of <br /> this Deed of Trust, and that any and all existing Liens remain unmodified except es diaclosed to Lender in Trustor's written <br /> disclosure of Ilens and encumbrances provided for herein. Truator shall timely perform all of Trustor's obligettons, covenants, <br /> representations and warranties under any and aii 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 shali not without Lender's prior written consent In any <br /> manner madify the provisione of o�allow eny future advances under any existing or future Llens. <br /> (j) Applicetlon of Peyments. Unless otherwise required by law, sums paid to Lender hereunder, t�cluding without limitation <br /> payments of principal and interest, Insurance 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) Sevarabfllty. If any provisfon of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise <br /> uneniorceable, such conflict ar InvaUdity shall not affect the other provis(ons of this Deed of Trust or the Note which can be given <br /> effect without the conilicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be <br /> severable. <br /> (U Terms.The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Bor�ower are the <br /> same person(s),those terms as used(n this Deed of Trust shall be interchangeabie. <br /> (m)Qoveming Lsw.Thia 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 /> � <br /> � . - � <br /> Trustor Trustor <br /> i <br /> � Trustor Trustor <br /> Trustor Trustor <br /> NBC 3467C(Noneariculturel Deedl Rev. 8/96 <br />