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If,, -,WeAd 200300121 200300941 Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. Liens and Encumbrances. Truster hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property (collectively, "Liens ") existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein. Truster shall timely perform all of Trustor's obligations, covenants, representation and warranties under any and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Truster and Borrower in such order as Lender in its sole discretion deems desirable. k) Severabilitv. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end, the provisions of this Deed of Trust and the Note are declared to be severable. 1) Terms. The terms "Trustor" and `Borrower" shall include both singular and plural, and when the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. Trustor has executed this Deed of Trust as of the date written above. Thayer Family L.L.C., A NE Limited Liability Co. By:r� - - ice M. Thayer, Secretary, Trea rer Ernst J -0 r, Pre M. Thayer, Trustor STATE OF NEBRASKA) COUNTY OF Hall ) The forgoing Acknowledgement of Deed of Trust and Deed of Trust was acknowledged before me this 26th day of December . 2002 by Janice M. Thaver, Trustor and Ernest J Thayer. Trustor, Husband and Wife and were executed in the order set forth above. Oa"NOTW uNadesMa Not. Pu he w y omm. FYA•�•t•200b. Thayer DOT.doc 6 of 6