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. - �� i ��z�s <br /> 18. Miacellaneous Provislons <br /> (a) Bonower Not Raleaaed. Extension of the time for payment or modificatfon of the suma secured by this Deed of Trust granted <br /> by Lender to any successor in Interest of Borrower shall not operate to release, in any manner, the tiability of the original Borrower <br /> and Borrower's succeasors In fnterestr Lsnder;Bh�il not bf,roguired to commence proceedings egainst such successor or refuse to <br /> extend tfine for payment or otherwise modffy amortizatlon of the aums aecured by this Deed of Trust by reason of any demands <br /> mede by the original Borrower and Borrower's auccessore in Interest. <br /> (b) Lender's Powers.Without affecting the liability of any other person liabte for the payment of any obligation herein mentioned, <br /> and without affecting the Ilen 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, liv) 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 additional security fo� any obligatlon herein mentioned, or (vi) make compositions or other arrangements with debtors in <br /> relation thereto. <br /> (c) Forbeerance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise <br /> afforded by applicable law, shall not be a waive� 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 e waiver of 4ender's iight to acceterate the <br /> maturity of the indebtedness secured by this Deed of Trust. ! � <br /> (d► Successors and Asalgns Bound; Joint and Severel Uability; Captions. Tlie covenants and ag�c+�rt�ents herein contained shall <br /> bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Trustor. All covenants and <br /> agreements of Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for <br /> convenience only and are not to be used to interpret or define the provisions hereof. <br /> (e) Request for Notices. 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 in 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 mafling such notice by certified mail addressed to the other parties, at the address set forth above. Any <br /> notice provided for In this 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 /> (f) Inspection. Lender may make or cause to be made reasonable entriea upon and inspections of the Property, provided that <br /> Lender shall give Trustor notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the <br /> Property. <br /> (g) 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 pey all costs of recordatfon,if any. <br /> (h) Personal Property;Securlty Agreement.As additional security for the payment of the Note, Trustor hereby grants Lender under <br /> the Nebraska U�fform Commerclal Code a security interest In all fixtures, equipment, and other peraonal property used in connection <br /> with the real estate or fmprovements 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 righis and remedies created under and accorded the Lendar 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 /> Umitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> (i) Liens and Encumbrences. Trustor he�e6y warrants and represents that there is no default under the provisions of any <br /> mortgage, dged of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or <br /> agreement co�stituting e lien or encumbrance against 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 /> disclosure of liens and encumbrances provided for hereln. Trustor shall timely perform all of Trustor's obligations, covenants, <br /> representations and warranties under any and all existing and future Liens, shall nromntly forward to Lendes copies of a!! 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 /> Ij) Appllcatlon of Payments. Un►ess otherwise required by law, sums paid to Lender hereunder, including without limitation <br /> payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to <br /> the amounts due and owing fr4m Trustor and borrower in such order as Lender in its sole discretion deems desirable. <br /> (K) SeverebiUty. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise <br /> . unenforceable, such conflict or invalidity shall not atfect the other provisions of this Deed of Trust or the Note which can be given <br /> effect without the conflicting provislon, and to this end the provisions of this Deed of Trust and the Note are declared to be <br /> severable. � - <br /> (q Terms.The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the <br /> seme personlsl,those terms es used In thls Deed of Trust shall be interchangeable. <br /> (m) (ioverning Law,Thls Deed of Trust ahall be governed by the laws of the State of Nebraska. <br /> Trustor has executed thls Deed of Trust as of the date writtan above. <br /> � <br /> Trustor Trustor <br /> �� <br /> Trustor Trustor <br /> Trusto� Trustor <br /> i <br /> NBC 3467C(Nonsprlculturel Deed)Rav,8186 <br />' 1888 N'atlonel Bank of Commarce Truat end Ssvinas Assoclatlon.Llnceln.Nehr■sl�e <br />