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<br /> sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein, or
<br /> $95,OOO.GO, whichever is greater.
<br /> 16. Miscellaneous Provisions.
<br /> (a) Bonower Not Released. Extension of the time for payment or modification of amortization of
<br /> the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate
<br /> to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall
<br /> not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
<br /> modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original
<br /> Bonower and Borrower's successors in interest.
<br /> (b) Lender's Powers. Without affecting the liability of any other person liable for the payment of
<br /> any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of ,,
<br /> the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may,
<br /> from time to time and without notice, (i)release any person so liable; (ii)e�end the maturity or alter any of the terms
<br /> of any such obligations; (iii)grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed
<br /> at any time at Lender's option any parcel, portion or all of the Property; (v) take or release any other or additional
<br /> security for any obli�ation herein mentioned; or (vi) make compositions or other arrangements with debtors in
<br /> relation thereto.
<br /> (c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or $`
<br /> remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any �:�
<br /> such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender sha11 �'"
<br /> not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. �
<br /> (d) Successors and Assig,r►s Bound: Joint and Several Liability; Captions. The covenants and
<br /> agreements herein contained shall bind, and the rights hereunder sha11 inure to, the respective successors and assigns
<br /> of Lender and Trustor. All covenants and agreements of Trustor sha11 be joint and several. The captions and
<br /> headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define
<br /> the provisions hereof.
<br /> (e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder
<br /> and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above �
<br /> in the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in �
<br /> a�thr�r�;eny uotice provided for in ttrie Deed of Trust shall be given by mailing auch notice by certified mai!
<br /> addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be
<br /> effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address
<br /> set forth above shall be notice to a11 such persons.
<br /> (fl Ins eo ction. Lender may make, or cause to be made, reasonable entries upon and inspections of
<br /> the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause
<br /> therefor related to Lender's interest in the Property.
<br /> (g) ReconveXance. Upon payment of all sums secured by this Deed of Trust, Lender shall request
<br /> Trustee to reconvey the Property and shall surrender this Deed of Trust and a11 notes evidencing indebtedness secured
<br /> by this Deed of Trust to Trustee. Trustee shall reconvey the Property without wananty and without charge to the
<br /> person or persons legally entitled thereto. Trustor shall pay all costs of recordation,if any.
<br /> (h) Personal Propert� Security Agreement. As additional security for the payment of the Note,
<br /> Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures,
<br /> equipment and other personal property used in connection with the real estate or improvements located thereon and
<br /> not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument sha11 be construed as
<br /> a Security Agreement under said Code, and the Lender sha11 have a11 the rights and remedies of a secured party under
<br /> said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of
<br /> 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 Bonower or Trustor.
<br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under
<br /> the provisions of any mortgage,deed of trust, lease or purchase contract describing all or any part of the Property, or
<br /> other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property
<br /> (collectively, "Liens") existing as of the date of this Deed of Trust, and that any and a11 existing Liens remain
<br /> unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for
<br /> herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under any
<br /> and a11 existing and future Liens, and sha11 not without Lender's prior written consent in any manner modify the
<br /> provisions of or allow any future advances under any existing or future Liens.
<br /> (j) Apolication of Payments. Unless otherwise required by law, sums paid to Lender hereunder,
<br /> including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and
<br /> rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Bonower in such order
<br /> as Lender in its sole discretion deems desirable.
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