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<br /> �� 99 109417
<br /> .,. - r18.Miscellaneous Provisions
<br /> (a) Borrowsr Not Rsleasad. Extension of the time for payment or modification of the sums secured by this Daed of Trust granted
<br /> ' by Lender to eny succeasor In Interest of Bprrowet s�a� not qpefate to release, in any manner, the liability of the original Borrower
<br />� and Borrower's aucceasors In interest. Lender shall not�be required to commence proceedings against such successor or refuse to
<br /> extend time for payment or otherwiae modify amortizetlon of the sums secured by this Deed of Trust by reason of any demands
<br /> made by the origlnal Borrower and Borrower's successors in (nterest.
<br /> (b)Lender's Powers.Without affecting the liability of any other person liable for the payment of any obligation herein mentioned,
<br /> and without affecting the lien 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 obligatlons, 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 obligatfons, (iii) grant other indulgences, (iv) release or reconvey,
<br /> or cause to be released or reconveyed at any time at Lender's option any parcel,portion or ell of the Property, (v)take or releaee any
<br /> other additional security for any obligation herein mentloned, or (vi1:make compositions or other arrangements with debtors in
<br /> relation thereto.
<br /> (c) Forbearaoce by Lender Not a Waiver. Any forbearance by Lender in exercising any rlght or remedy hereunder, or otherwise
<br /> afforded by epplicable law, shall not be a waiver of or preclude the efceroTse o�,°any sUC�":r�:p�ie�me'd�. The procurement of
<br /> insutance o� the payment of taxes or other liens or charges by. Lender shafl� �pt,b� �,waii!er o�tender's�right to accelerate the
<br /> meturity of the indebtedness secured by this Deed of Trust.,,.�• � ' q� _.• '
<br /> (d) Succ�sson aod Assigns Bound;Joint and Saverel Uability; Captio.ns:Jhe cavenanta anFd,agresmants herein contained shall
<br />� bind, and the rights hereunder shall (nure to, the respective successors and assigns of Lender and Trustor. All covenants and
<br />� agreements of Trustor shall be Joint and severel. The captions and headings of the paragraphs of this Deed of Trust are for
<br /> conveniance ortly and are Aot to.bt�tn��--���+.fjn�_the,provisiqns hereof. .
<br /> (e) Request for Notices. The partlea hereby request that a copy of any notica of default hereunder and a copy of any notice of
<br /> ' sale hereunder be mailed to each party to this Deed of Trust at the addresa 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 cert(fied maii addressed to the other partiea, at the address set forth above. Any
<br /> notice provided for in this Deed of Trust shall be effective upon malling In the manner designated hereln. If Trustor is more than one
<br /> person, notice sent to the address set forth above shall be notice to all such persons.
<br /> (f) Inspectlon. Lender may make or cause to be made reasonable entriea upon and inspectiona of the Property, provided that
<br /> Lender shall gfve Trustor notice prtor 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 ahall aur�ender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
<br /> T�ustee ahall �econvey the Property without warranty and without charge to the person or persons legally entitled thereto. Trustor
<br /> shell pay all coats of recordation,if any.
<br />' (h�Penonal Propsrty;Secu�ity Agreemant.As additional security for the payment of the Note,Trustor hereby grants Lender under
<br /> the Nebraska Uniform Commerclal Code e aecurity interest in all fixtures, equipmant, and other personal property usad in connection
<br /> wfth the real estate or Improvementa located thereon, and not otherwise declared or deemed to be a part of the real estate secured
<br /> hereby. This inst�ument 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; provided that Lender's rights and remedies under this paragraph shail 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 Encumbrancea. Trustor he�eby warrants and represents that there is no dafault 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 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 /> r � � „elnf-�aN-exiatingenof,fatate Liena, shaU promptiy forward ta iender copies of ali notices of
<br />� �'''d ' "su'�t� '�Ftt1 " W�th�aiy and etl exfatfng or future Uens, and shall not without Lender's prior written consent in any '
<br /> menner modify the provlsions of or allow any futu�e advances under any existing or future Liens.
<br /> (j) Applicatlon oT Payments. Unlesa othervvise required by law, sums paid to Lender hereunder, lncluding without limitation
<br /> payments of principal and interest, (nsurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to
<br /> the amounts due and owfng from Trustor and borrower in such order as Lender in its sole discretion daems desirable.
<br /> (K) SeverablHty. 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 /> ' (q Terms.The terma "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the
<br /> seme pereonlsl,those terms as used In this Deed of Trust shall be interchangeable.
<br />� (m)Qov�ming Lsw.Thia Deed of Trust ahall be governed by the laws of the State of Nebraske.
<br /> T�usto�has executed this Deed of Trust as of the dete written above.
<br /> `����� .
<br /> ���,��
<br /> Richard R. Fischer Trustor Laurie Fis 'n r Trustor
<br /> Trustor Trustor
<br /> Trustor Trustor
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<br /> NBC 3467C(Nonepriculturel Desd)Rsv.9I86
<br />! 19881��tlonal Benk of Commerce Tru�t and S�vinps Auooletlon,Llncoln,Nebreeks
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