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200900569 <br />with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal <br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to <br />protect the security of this Deed of Trust, exceed the original principal amount stated herein. <br />16. Miscellaneous Provisions. <br />(a) Borrower Not Released. Extension of the time for payment or modification <br />of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in <br />interest of Borrower shall not operate to release, in any manner, the liability of the original <br />Borrower and Borrowers successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Deed of Trust by reason of any demands made by the <br />original Borrower and Borrower's successors in interest. <br />(b) Lender's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />Deed of Trust upon any portion of the Property not then or theretofore released as security for <br />the full amount of all unpaid obligations, Lender may, from time to time and without notice, <br />(i) release any person so liable; (ii) extend the maturity or alter any of the terms of any such <br />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 <br />release any other or additional security for any obligation herein mentioned; or (vi) make compo- <br />sitions or other arrangements with debtors in relation thereto. <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in <br />exercising any right or remedy hereunder or otherwise afforded by applicable law shall not be a <br />waiver of, or preclude the exercise of, any such right or remedy. The procurement of insurance <br />or the payment of taxes or other liens or charges by Lender shall not be a waiver of Tender's <br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust. <br />(d) Successors and Assigns Bound Joint and Several Liability; Captions. The <br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the <br />respective successors and assigns of Lender and'Frostor. All covenants and agreements of <br />Trustor shall be joint and several. The captions and headings of the paragraphs of this Deed of <br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof. <br />(e) Reaucst for Notices. The parties hereby request that a copy of any notice of <br />default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed <br />of Trust at the address set forth above in the manner prescribed by applicable law. Except for <br />any other notice required under applicable law to be given in another manner, any notice <br />provided for in this Deed of Trust shall be given by mailing such notice by certified mail <br />addressed to the other parties, at the addresses set forth above. Any notice provided for in this <br />Deed of Trust shall be effective upon mailing in the manner designated herein. If Truster is <br />more than one person, notice sent to the address set forth above shall be notice to all such <br />persons. <br />(t) Inspection. Lender may make, or cause to be made, reasonable entries upon <br />and inspections of the Property, provided that Lender shall give Trustor notice prior to any such <br />inspection, specifying reasonable cause therefor related to Lender's interest in the Property. <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, <br />Lender shall request 't rustee to reconvey the Property and shall surrender this Deed of Trust and <br />all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall <br />reconvey the Property without warranty and without charge to the person or persons legally <br />entitled thereto. Truster shall pay all costs of recordation, if any. <br />(h) Personal Proverty Security Agreement. As additional security for the <br />payment of the Note, Truster hereby grants Lender, under the Nebraska i lniform Commercial <br />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 <br />a part of the real estate secured hereby. This instrument shall be construed as a Security <br />Agreement under said Code, and Lender shall have all the rights and remedies of a secured party <br />under said Code in addition to the rights and remedies created under and accorded Lender <br />pursuant to (his Deed of Trust, provided that Lender's rights and remedies under this paragraph <br />shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any <br />other security agreement signed by Borrower or Truster. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is <br />no default under the provisions of any mortgage, decd of trust, lease or purchase contract <br />describing all or any part of the Property, or other contract, instrument or agreement constituting <br />a lieu or encumbrance against all or any part of the Property (collectively, "Liens") existing as of <br />the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as <br />