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16. Miscellaneous Provisions
<br />20030006'
<br />(a) Borrower No;Aplepsed. Extension of the time for payment or modification of the sums 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 liability of the original Borrower
<br />and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to
<br />extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demands
<br />made by the original Borrower and Borrower's successors in interest.
<br />(b) Lender's Powers. Without affecting the liability of any other person liable 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 option any parcel, portion or all of the Property, (v) take or release any
<br />other additional security for any obligation 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 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) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements 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 party 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 mailing 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 entries 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 and 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) Personal 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 used 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) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage, deed 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 encurnbrance 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 herein. Trustor shall timely perform all of Trustor's obligations, covenants,
<br />representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies 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 interest, 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 discretion deems desirable.
<br />(K) Severability. 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 affect the other provisions 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 />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the
<br />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 as of the date written above.
<br />stor
<br />Trustor
<br />Trustor
<br />NBC 3467C Monegricultural Deed) Rev. 6/96
<br />1988 National Bank of Commerce Trust and Savings Association, Lincoln, Nebraska
<br />Trustor
<br />Trustor
<br />Trustor
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