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• � ` „ : ., �, --� <br /> , g9 10890�. <br /> 18.Miscellaneous Provisions <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 auccessor in Interest of Borrower shall not operete to ralease, in any manner, the liability of the original Borrower <br /> and Borrower's aucceasors In Intereats Lender shall n�t b8 requ(red so commence proceedings egainst such successor or refusa to <br /> extend time for payment or otherwlse modify emortizetion of the sums secured by thia Deed of Trust by reason of any demands <br /> made by the originel Borrower and Borrower'e succesaors in intereat. <br /> (b) Lender's Powen.Without affecting the liability of any other person Uable for the payment of any obligation herein mentioned, <br /> and without affecting the Ilen or charge of this Deed of Trust upon any portfon of the Property not the� or theretofore released as <br /> security for the full amount of all unpaid obligatfons, Lender may, from time to time and without notice (i) release any person so <br /> liable, (iq extend the maturity or alter any of the terms of any such obligat(ons, (iii) grant other indulgences, (iv) release or reconvey, <br /> or cause to be released or reconveyed at any time at Lender's option any parcet, portion or all of the Property, (v)take or release any <br /> other additional security for any obligatlon herefn mentioned, or dvil make compositions or other arrangements with debtors in <br />� relation thereto. <br /> (c) Forbearance by Lender Not e Waiver. Any forbearance by Lender in exercfsing any right or remedy hereunder, or otherwise <br /> afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of <br /> insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender'a �ight to accelerate the <br /> maturity of the indebtedness secu�ed by this Deed of Trust. ° `••'.�<=d'�>: � <br /> (d) Successors and Assigns Bound; Joint and Severel Liability; Captlons, The covenants ancJ Agreemehts herein contained shall <br /> bind, and the rights hereunder shall lnure to, the respective successors and assigns of Lender a'�d Trustor. All covenants and <br /> agreements of T�usto� 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 ust�r�to interpret or define the provisfons hereof. <br /> te) RequssY for Notfcss.The partle9 hereby request that a copy o' any notice of default hereunder and a copy of any notice of <br /> ' sale hereunder be mailed to each party to this Deed of '�rust 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 certif(ed 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 eddress set foRh above shall be notice to all such persons. <br /> (f) inspectlon. 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 reasonabte 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 eny. <br /> (h)Personal Property;Secu►ity Agreement. As additfonal 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 instrumeni 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) Llens and Encumbrencea. Trustor hereby warrants and represents that there is no defautt under the provisions of any <br /> mortgage, dqed of trust, lease or purchase 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 (collective, "Liens"), existing as of the data of <br /> this Deed of Trust, and that any end all existing Liens remain a�nmodified except as disclosed to Lender in Trustor's written <br /> disclosure of liens and encumbrances provided for herefn. Trustor shall timely perform ell of Trustor's obligations, covenants, <br /> re���se.^.t�±?a^s ��d a��rr�n*.les un�±s!a�y sn�! a!! ex�st4ng �nd !uture+E�iens, shell promptly fnrwerd *o Lender r,opies 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. Uniess otherwise required by law, sums paid to Lender hereunder, inciuding 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 /> IK) Severebility. 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 /> (1) Terma.The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the <br /> same person(s1,those terms as used in this Deed of Trust shall be interchangeable. <br /> (m)Governing Lew.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 /> � K in . S p n Truscor Nancy S te s Truscor <br /> Trustor Trustor <br /> TrustQr Trustor <br /> NBC 3467C(Nonepriculturol Daed)Rev.8/96 <br /> � 1888 N'ationel Bank of Commarce Trust end Sevl�gs Associatlon,Llncoln, Nebraske I <br /> i <br />