|
* � L
<br /> 99 109720
<br /> 18.Miscellaneous Provisions ' ' , T; i; ` a"�,Y
<br /> (a) Bonowar Not Releesad. Extension of the time�or payment or modification of the sums secured by this Deed of Trust grented
<br /> by Lender to any succeasor tn lnterest of Borrower shall not operate to release, f� any manner,the liability of the orlginal•Borrower
<br /> and Borrower's euccesaora in interest. Lender shali not be required to commence proceedings against such successor or refuse to
<br /> extend time for payment or otherwise modlfy amortization of the sums secured by thia Deed of Trust by reason of any demands
<br /> mede by the orfginal Borrower and Borrower's succeasors in interest.
<br /> (b)Lender's Powers.Without affect(ng the Ilabllity of en�+other pergon I(able for the puyment of any obligatlon heroin mentioned,
<br /> and wtthout affecting the lien or charge of this Doed of 7ruat upon aary port.lan ot tha Property not then or theretofore released as
<br /> security for the full amount of all unpaid obiigati��ns, Lender may, From timc. to time and without notice (i) relc�ase any person so
<br /> liable, (ii)extend the maturity or alter any of the terms of any such obligations, (ifq grant other fndulgences, (iv) release or reconvey, �
<br /> or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property, (v)take or release any
<br /> other additionai securfty for any obHgation herein mentioned, or (vi) make compositions or other arrangements with debtors in
<br /> relation thereto. ,_ „�,
<br /> (c) ForbeersncA by Lender Not e Walvse. My forbearance by Lender fn exercising any right or remedy hereunder, or otherwise
<br /> afforded by epplicebl�'law;'s�ie11 not be a Wqiver of or preclude the exercise of any such right or remedy. The procurement of
<br /> insurance or the paymen�'�of taxes o�'�othef 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) Succsssors and Asaigns Bound;Joint aod Ssveral UbbNlty; Captlons. The covenents and agreements here(n contained ahall I
<br /> bind; and the righta hereunder �hatl inurs to, the respective suacessors and assigr.� ;;` L;::�er and Trus2or. �tl ccvenants end
<br /> agreements of Trustor shail be Joint and severai. The captions and headings of the paragraphs of this Deed of T�ust are for
<br /> convenlence only end are not to be used to Interpret or define the provislons hereof.
<br /> (e) Request tor Notices.The parties hereby request that a copy of any notice of default hereunder and a copy of any �otice of
<br /> eale hereunder be mailed to each party to this Deed of Truat at the addresa set forth above in the manner prescribed by appliceble
<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 /> Truat shall be given by maiiing euch notice by certlfied mall addresaed to the other parties, at the address aet forth above. Any
<br /> notice provided for In this Deed of Trust ehell be effective upon meiling in the manner designated herein. If Truator is more than one
<br /> peraon,notice eent to the addresa set forth above shall be notice to ell such persone.
<br /> (i) Inspection. Lender mey make or cause to be made reeaonable entrles upon and Inepectione of the Property, provided that
<br /> Lender ehall give Trustor notice prlor to eny such inspectlon apecifying reasonable cause therefor releted to Lender's interest In the
<br /> Property.
<br /> (g) Reconveyence. Upon payment of all eume secured by thls Deed of Trust, Lender ehell requeat Trustee to reconvey the
<br /> Property and ehell eurrendar thie Deed of Truet end all notes evldencing Indebtedness aecured by thla Deed ot Trust to Trustee.
<br /> Trustee shall reconvey the Property without werranty and without charge to the person or peraons legaliy entitled thereto. Trustor
<br /> shall pey ell coste of recordatlon,If any. .
<br /> (hl Personat Property;Security Apreement.As additlonal security for the peyment of the Note,Truetor hereby grants Lender under
<br /> the Nab�aske Unfform Commerclal Code e eecurity Interest In all fixturea, equlpment, and other personal property uaed in connection
<br /> with the real estate or improvementa located thereon, end not otherwlse declared or desmed to be a part of the real estate secured
<br /> hereby. This instrument �hall bo ccnstnred es a �ecurity /lgrFament ��ndar said Code, ir,�;; the l.ender shall h�ve all thr� righis and
<br /> remedies of a secured party under safd Code in addition to the rights and remedles created under and accorded the Lender pursuant
<br /> to this Deed of Trust; provided that Lender's righta end remediea under this paragraph shall be cumulative wlth, and in no way a
<br /> limitation on, Lender's rights end remedies under any other security agreement signed by Borrower or Trustor.
<br /> Q) Uans snd Encumbrancas. Trustor hereby warrants end represents thet there is no defeult under the provisians 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 constituting e Ilen or encumbrance egainst all or any pert of the Property (collactive, "Liene"1, existing as of the date of
<br /> thls Deed of Trust, and thet any and ail exisUng Lfens remein unmodifled except as disclosed to Lender in Trustor's written
<br /> disclosure of liens end encumbrancea provided for herein. Trustor shall t(mely perform all of Trustor's obflgetions, covenants,
<br /> representetions and warranties under any and all existing end future Liens, shall promptly forward to Lender copies of all notices of
<br /> default sent in connection with eny and a�i existing or future Llens, and shali not without Lender's prior written consent tn any
<br /> manner modify the provistone of or ailow any future advances under any exiat(ng or future Liena.
<br /> (j) Applicatlon oi Peymants. Unless otherwise required by law, sums paid to Lender hereunder, Including without limitation
<br /> peyments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be epplied by Lender to
<br /> the amounts due and owing from Trustor and borrower in such order es Lender in its sole discretion deems desirabie.
<br /> (K) Saverabitity. If any provlsion of this Deed of Trust conflicts with applicable law or is declared invalid or otherwfse
<br /> unenforceable, such conflict or invalidity sha�l not affect the other provisions of this Deed of Trust or the Note which can be given
<br /> effect without the conflicting provfsion, and to this end the provisiona of this Deed of Trust and the Note are declared to be
<br /> severeble.
<br /> (1)Terms.The terms "Trustor" and "Borrower" shall inciude both singular and plural, and when the Trustor and Borrower are the
<br /> same person(s►,those terms as used In this Deed of Trust shall be Interchangeable.
<br /> (m)Qoverning Law.This Deed of Truat 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 /> Larry ulligan Trustor �enc��e ult`igan Trustor
<br /> Trustor T�us;os
<br /> Trustor Trustor
<br /> NBC 3467C(Nonepriculturel Deedl Rev. 8/96
<br />
|