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200204159 <br />Ia. MNCallene... Powlelona <br />let Borrower Not Hot esud. E.tanalan of the time far payment or modification of the sums secured by this Deed of Trust "anted <br />by Lender to any successor ld Interest of Borrower shall not operate to release, In any manner, the llablllty of rile original Borrower <br />end Sarno son's successor. In Interest Lender shall not be required to commerce proceedings against such accord.... or .ehme to <br />extend time far payment of otherwise modlly emonlzatlon of the sums secured by this Deed of Trust by reason of any demands <br />made by the original Borrower and Borrower's succassom In Interest. <br />161 Lender's Powm, Without affecting the liability of any other person liable far the payment of any obligation herein mentioned, <br />and without affecting the lien or charge of this Deed of Trust upon any focus, , of the Property not than or theretofore released as <br />...only for the full amount of all unpaid obligations, Lender may, from time to time and without notice lit release any person ea <br />heists, da extend the ..only o1 alts' any of the terms of any such obligations, hill grant other Indulgences, (NJ release or recones , <br />or cause to be released or reconvoyed at any time at Lender's option any parcel, portion of all of the Property, (V) take or role... any <br />other additional security far any obligation herein mentioned, or NO make compositions or other arrangements with debtors In <br />relation thereto. <br />Icl Forbearance by Lender Not a Weber. Any forbearance by Lender In exercising any right or remedy hereunder, or otherwise <br />afforded by applicable law, shell not be a waiver of or preclude the exercise of any such right of comedy. The procurement of <br />insurance or the payment of texas or other Ilene or charges by Lender shell not be a waiver of Lender's right to accelerate the <br />maturity of the indebtedness secured by tall Dead of Trust <br />Idl Socnuc.. and Assigns Sound; Jolnl and Seasonal Usbalty; (gainers'. The covenants and agreements herein contained shell <br />Mad, and the rights hereunder shall more to, the respeollve successors and assigns of Lender and Tmeror. All covenants and <br />agreements of Trustor shall be loam and several. The captions end headings of the paragraphs of this Dead of Trust are for <br />convenience only and are not to be used to interpret or define the pmuleione hereof. <br />let Bequest for Netlees. The panlee 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 form 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 cenllled mall addressed to the other parties, at the addle.. at Ionia ebave. Any <br />notice provided for in this Dan of Trust shell be effective upon moiling In the manner designated herein. If Trustor Is more than one <br />parson, notice sent to the address set forth above shall be notice to ell soon persona. <br />Ifl Inspection. Lender may make or se to be made reasonable entries upon and inspections of the Property, provided that <br />Lender shell give Trustor notice prior to any such Inspection specifying reasonable cause theater formed to Lentler'. Interest In the <br />Property. <br />is) Reservists— Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvdy the <br />Property and shall surrender this Deed of Trust and an notes evidencing indebtedness secured by this Dead of Truer to Trustee. <br />Trustee shell rec.nvey the Property without warranty and without Charge to the person or persona legally entitled thereto. Trustor <br />shall pay all coats of recordation, If any. <br />Ihl Personal Property; 8...i ty Agreement. As additional security for the payment of the Nate, Trustor hereby grants Lender under <br />the Nebraska Uniform Commercial Coda 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 of deemed to be a per of the real estate secured <br />hereby. This Instrument shall be construed as a Security Agreement under said Code, end the Lender shall have all the rights and <br />medlas of a secured party under sold code in addition to the fights end remedial. creetstl under and ..comae the Lender pureuant <br />to this Deed of Trust; provided that Lender'. rights end ramadles under this paragraph shell be cumulative with. and in no way a <br />Hungarian on, Lander'. dghu and re nni.. under any other security agreement signed by Borrower or Trustor. <br />111 Uerra and profitable..... Tensor hereby .meal,. and represents that there Is no default under the provisions of any <br />mortgage, deed of trust, leave or purchase convect describing all or any pert of the Property, or other contract, Instrument or <br />agreement constituting alien or encumbrance sgaln.t all or any port of the Property Icollective, 'Usn.'1, existing as of the date of <br />this Dead of Trust, and that any and all existing Llano remain unmodified except as disclosed to Lender In Trustor's written <br />disclosure of Ilene and encumbrances provided for herein. Trustor shall timely perform all of Trvetor's obligations, covenants, <br />representation. and warranties under any and all existing and future Lane, shell promptly forward to Lender copies of all tintless 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 previsions of of allow any future advances under any existing or future Lien.. <br />Ul Appkeetlen of Psymenb. Unless otherwise required by law, sums paid to Lender hereunder, Including without limitation <br />payments of principal and interest, insurance Proceeds, condemnation proceeds and cents and profits, shall be applied by Lender to <br />the amounts due and owing from Trustor and harrower In such order Be Lender in its sale discretion deems desirable. <br />(KI Ssvereblgty. If any provision of this Deed of Trust conflicts with applicable law of s declared invalid or otherwise <br />unenforceable, such conflict or Invalidity shall not effect the .the' provolone of this Deed of T ... t or the Note which can be given <br />effect without the conflicting provision, and to this end In. provisions of this Dead of Trust and Iha Note are declared to be <br />severable. <br />111 Term.. The terms 'Trustor- and'Bovowst' shell Include both singular and plural, and when the Trustor and Borrower are the <br />same personla), these terms as used In this Dead of Trust shall be lgool sal le. <br />Iml governing Law. Thee Dead of Trust shell 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 />NBC 34E7C Nomgdaulturel Dseal neo. Brea <br />1900 Neeoml &nY 0 Commnme Trust are S-Ings As- cletlan Llncnln, Nebraska <br />Trustor <br />Toxic, <br />0l <br />Truetar <br />Tractor <br />Truster <br />Trustor <br />NBC 34E7C Nomgdaulturel Dseal neo. Brea <br />1900 Neeoml &nY 0 Commnme Trust are S-Ings As- cletlan Llncnln, Nebraska <br />