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<br />/93-110302
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<br />16. Mlsc.l1aneou& ProvisIon..
<br />(a) Borrower Not RloJIeaaed. Extension of the time for payment or modification ~f amortization of th.:l sums securt'ld by thle
<br />Deed of Trust granted by Lender to any successor In Interesl of Borrower shall not opet~te to release. In any manner, the lIabUIty
<br />of the original B;)rrower and Borrower's successors In I.,teresl Lender shall not t.<e requlnd to tlommenc& proceedings against
<br />such successor or refuse to extend time for payment or otherwise modify amortlzatlon of the 8:-,"1' secured by this Deed of Tru,'
<br />by reason of any demands made by the original Borrower and Borrower's SUCceSh?ra In Inten~l
<br />(b) lend...... Pow..... Without affecting the liability of any other per5dn liable tor the payllle:"t of any obligation hereln
<br />mentioned, and without aHecting the lien or charge of thi's Deed of Trust upon any portion (If the Prop8I\'>' not then or theretofore
<br />released as socurlty for the lull amount of all \Jnpaid obligations, lender may, from time to time and wlthom notice (I) release any
<br />person so flable, (II) extend the maturity or alter any of ttle terms of any such obligstlon!l. (III) grant oll'sr indul9~nces, (Iv) rolease
<br />or reconvey, or cause to be released or reconveyed I1t any time at Lender's option any percel, pOl110n or all af the Property.
<br />(v) wke or release any other or additional security f()r any obligation herein mentioned. or (vI) ms~:e composltlCl'lS or other
<br />arrangements with debtors in relation therEM.
<br />(c) Forbe.rance br Lender Not, Waly"r. Any forbearance by lender In exercising any right or remedy hereur;der, or
<br />otherwise afforded by applicable law, shall not be a waiver ot Or preclude the exercise of any ~uch right or remedy. The
<br />procurement of insurance or the payment ot faxes or other liens or charges by Lander shall not be~' ~'elver of Lender's right to
<br />accelerate the maturity of the indebtedness secured ;"\1 this Deed of Trust
<br />(d) Successors and A..lgns Bound; Joint and Sew.nll Uablllty; Caption.. The covenants and agreements herein con-
<br />tained shall bind, and the rights hereunder shall Inure to, the respective successors and assigns of Lender Md Trustor. 1,ii
<br />covenants and agreements of Trustor shall be Joint and s,'lveral. The captions and headings of th') paragraphe .;.f this D~ ot
<br />Trust are for conyenlence only and are not to be used to Interpret or define the provisions h(irflOf,
<br />(e) Request for Notices. The parties hereby request thaI a copy of any notice of default hereunder and a copy at sny notice
<br />of sale hereunder be mailed to each party to this Deed or' Yrust at the address set fOl1h above In the manr.lJr prescribed by
<br />applicable law. Except for any other notice required under applicable law to be given in another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing such notice by certified mall addressed to t.h6 other parties, at the addres~ set
<br />forth above. Any notice provided for In this Deed 01 Trust shaH be effective upon mailing It'l tho manner designated herein, If
<br />Trustor Is more than one person. notice sent to the address set brth above shall be notlco to all such persons.
<br />(!) Inlpe<:lJon. Lender may make or cause to l'e made reasonoble entries upon and Inspections of the Property, provided
<br />that Lender shall give Trustor notice prior to any such Inspection \)pecifylng rEasonable cause thenlfor related to Lender's
<br />Interest in the Property.
<br />(g) Reconvl'lyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trus.tee to reconvey the
<br />Properly ar.d shall surrender this Deed of Trust and alt notes evidencing 1r1debtedness secured by this Deed of Trust to Trustee.
<br />Trustee shall reconvey the Propertt without warranty and without chargtl to the person or "ersons legally entitled thereto.
<br />Trustor shall pay all costs of recordation, if any.
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<br />(h) Personal Property; Security Agreement. As additional security for the payment of the Note, Trustor hereby grants
<br />Lender under the Nebraska Uniform Commercial Coda a security Interest in all fixtures, equipment, and other personal property
<br />used in connection with the real estate or improvements located thereon, Hnd not otherwise declared or deemed to be a part of
<br />the real estate secured hereby. This instrutll8iH shall be construed as a e,ecurity A.graement under said Code, and the Lender
<br />shall have all the rights and remedies of a secured party under said Cod'~ In addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall
<br />be cumulative with. and in no way a limitation on, Lender's rights and remedies under any other security agreement Signed by
<br />Borrower or Trustor.
<br />(i) Liens and Encumbrances, Trus~or Ilereby warrants and represents that there Is no default under the provlsloM of any
<br />mortgage, deed of trust. lease:or;Jurchal.l/9~ont~ac\,Qgacribing at: or any part of the Property, or other contract, I!"',strument or
<br />agreement constituting a Iien:of ehcumbral1c_eagai~I.aH ,or any part of the Property (collectively, "Liens"), p;'lIstlng a!l of the
<br />date of this Deed of Trust, an~ that anYiS~ fil.t.'exl&tiog ,Llens'remaln unmodified except as disclosed to Lender In Trustor's
<br />written disclosure of liens arid encumbrances provided for herein. Trustor shall timely perform all .;t Trustor's obligations,
<br />covenants, representations and warranties under any and all exlslting and future Liens, shall promp!lt forward to Lender copies
<br />of all notices of default sent in connection with any and all existing or future Liens, and shall 0.;1 without Lender's prior written
<br />consent in any manner modify the provisions of or allow any future advances under any !ixlsllng or future Liens.
<br />OJ Application of Payments. Unless otherwise required by law, sums paid to Lendpr hereunder, including wlthoutllmltallon
<br />payments of principal and interest. Insurance proceeds, condemnation proceeds and rents and profits, shall be applied by
<br />Lender to the amounts due and owing from Trustor and Borrower in such order as Lender In Its sole discretion deems desirable.
<br />(k) Severability. If any provision of this Deed of Trust conflicts with 'lppllcable law or Is declared invalid or otherwise
<br />unenforceable, such conflict or Invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be
<br />sever3ble.
<br />(I) Terms. The terms "Trustor" and "Borrower" shall include both singular ana plural. and when the Trustor and Borrower
<br />afe the same person(s), those terms as used In this Deed of Trust shall be Interchangeable.
<br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska.
<br />Trustor has executed this Deed of Trust 3S of the date written above.~ '"2(:-"
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<br />Grand Partnership, A Nebraska partnerShiP:,,;-;.>"""'~~h ~~
<br />BY' (....--- C C Trust rC )
<br />. CeRo v. q e, -;--:'(. e~eral Partner
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<br />Trustor
<br />(LeRoy C. Cote, Individually)
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