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11. Miscellaneous Provisions. 9 9 110 8 4 5 (a) Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations, Lender may, from time to time and without notice (i) release any person so liable, (ii) extend the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, : or cause to be released or reconveyed at any time at Lender's options any parcel, portion or all of the Property, (v) take or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors in relation thereto. (c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the : maturity of the indebtedness secured by this Deed of Trust. (d) Successors and Assiqns Bound; Joint and Several Liabilitv; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 8(e) hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. : (e) Reauest for Notices. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth below in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed as follows, or at such other address as shall be : designated in writing to the other parties, as provided herein: Borrower Todd C. EnCk Kelly A. Enck : 3207 Dixie Square Grand Island NE 68803 Lender The Overland National Bank of Grand Island P.O. Box 1688 Grand Island, NE 68802 Trustee The Overland National Bank of Grand Island P.O. Box 1688 Grand Island, NE 68802 Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner : designated herein. (f) Insoection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. (g) Reconvevance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or : persons shall pay all costs of recordation, if any. : (h) Personal Propertv. Securitv A�reement. As additional security for the payment of the Note all foctures, equipment, and other personal property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real estate secured hereby, shall be subject to a security interest in favor of the Lender under the Nebraska : Uniform Commercial Code. This instrument shall be construed as a Security Agreement under said Code, and the Lender shall : have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created and accorded the Lender pursuant to this Deed of Trust. F11368.LMG (10/99) Page 3 of 4 _