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99 112020 <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) extend the maturity or alter any of the <br /> terms of any such obligations; (iii)grant other indulgences, (iv) release or reconvey, or cause to be released or <br /> reconveyed at any time at Lender's option any parcel, portion or all of the Property; (v)take or release any other or <br /> additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with <br /> debtors in relation thereto. <br /> (c) Forbearance by Lender Not a Waiver. Any farbearance by Lender in exercising any right or <br /> remedy hereunder or otherwise affarded 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 <br /> shall 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 Assigns Bound� Joint and Several Liabilitv Cavtions. The covenants and <br /> agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successars and <br /> assigns of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions <br /> and headings of the paragraphs of this Deed of Trust are far convenience only and are not to be used to interpret or <br /> define 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 <br /> above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be <br /> given in another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by <br /> certified mail addressed to the other parties,at the address set forth above. Any notice provided for in this Deed of <br /> Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice <br /> sent to the address set forth above shall be notice to all such persons. <br /> (fl Insnection. Lender may make, or cause to be made, reasonable entries upon and inspections <br /> of the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable <br /> cause therefor related to Lender's interest in the Property. <br /> (g) Reconve�nce. Upon payment of all sums secured by this Deed of Trust, Lender shall <br /> request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing <br /> indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Properiy without warranty and <br /> without charge to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. <br /> (h) Personal Propertv; Securitv Agreement. As additional security far 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 <br /> and not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be <br /> construed as a Security Agreement under said Code, and the Lender shall ha�e all the rights and remedies of a <br /> secured party under said Code in addition to the rights and remedies created under and accorded the Lender <br /> pursuant to this Deed of Trust, provided that Lender's rights and remedies under this paragraph shall be <br /> cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement <br /> signed by Borrower or Trustor. <br /> (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default <br /> under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the <br /> Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of <br /> the Property(collectively, °Liens") e�sting as of the date of this Deed of Trust, and that any and all existing Liens z <br /> remain unmodified except as disclosed to Lender in Trustar's written disclosure of liens and encumbrances � <br /> provided far herein. Trustor shall timely perform all of Trustor's obligations, covenants, representation and `j <br /> warranties under any and all existing and 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 Pavments. 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 Borrower in such <br /> order as Lender in its sole discretion deems desirable. <br /> (k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is <br /> declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this <br /> Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end, the <br /> provisions of this Deed of Trust and the Note are declared to be severable. <br /> (1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and <br /> when the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be <br /> interchangeable. <br /> (m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br /> Page 4 of 5 <br />