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<br /> 18. Mfacellaneous Provisione .• �'
<br /> (a) Borrower Not Rsleesed. Extenalon of the time for payment or modificatlon of the auma secured by thls Deed of Trust granted
<br /> by Lender to eny euccesaor In Interest of Borrower shall not operate to release, In any manner, the liability of the original Borrower
<br /> and Bor�ower's successors In intereat, Lender shall not be required to commence proceedinga against such successor or refuse to
<br /> extend time for payment or otl����r�lpc�fy�emott���'lon of the euma secured by this Deed of Truat by reeson of any demands
<br /> made by the original Borrower end Borrower'e successora in interest.
<br /> (b) Lender's Powers.Without affecting the liability of any other person Ilable 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 obligations, 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 obligations, (iii) grant other indulgences, (iv) release or reconvey,
<br /> or cause to be released or reconveyed at any time at Lender's optfon any parcal, portion or all of the Property, (v)take or release any
<br /> other additionai securtty for any obligation herefn mentioned, or (vi) make compositions or other arrangements with debtors in
<br /> relation thereto.
<br /> (c) Forbearence by Lender Not a Walver. Any forbearance by Lender in exercising 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's right to accelerate the
<br /> maturity of the indebtedness secured by this Deed of Trust.
<br /> (d) Succeaaors end Assigns Bound; Jolnt and Several Uabll(ty; Captlons..The covenants and agreernents herein contained shall
<br /> bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trusior. All covenants and
<br /> agreaments of Trustor shall be jofnt and several. The captions and headings of the paragraphs of this Deed of Trust are for
<br /> convenience only end are not to be used to interpret or define the provisions hereof.
<br /> (e) Request for Notlaea. The parties 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 perty to this Deed of Trust at the address set forth above i� 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 malling such notice by certfffed mail addressed to the other parties, at the address set forth above. Any
<br /> notice provided for In thls 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 address set forth above shall be notice to all such persons.
<br /> If) Inspectlon. Lender may make or cause to be made reasonable entriea upon and inspections of the Property, provided that
<br /> Lender shall glve Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the
<br /> Property.
<br /> Ig) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br /> Property end 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 any.
<br /> (h)Pe�sonal Property;Security Agreement. As additional 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 usad 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 instrument 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 Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br /> mortgage, de�ed 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 egainst 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 /> disciosure of liens and encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants,
<br /> representations and warranties under any and all existing and future Llens, shall promptly forward to Lender capfes 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. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br /> payments of principal and t�terest, 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 discretlon deems desirable.
<br /> IK) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise
<br /> unenforceable, such conflict or fnvalidity shall not affect the other provlsions 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 /> (U Terms.The terms "Trustor" end "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the
<br /> seme person(s),those terms as used in this Deed of Trust shall be lnterchangeable.
<br /> (m) Ooverning Law.This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br /> Trustor has axecu d this Deed of Trust as of the date written above.
<br /> ,
<br /> � Trustor Trustor
<br /> - R-�e-�-C.'.Cl l��{:���;'�� .
<br /> Trustor Trustor
<br /> Trustor Trustor
<br /> NBC 3467C(Nonepriculturel Deed1 Rev.8/86
<br />,! 1888�atlonal Bank of Commerce Truat end Ssvinas Asanclatinn.unr.eln. Nwhrwa�■
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