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200213698 <br />(b) Lender's Powers. Without affectins the liability of any other person liable for the payment of <br />any obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of <br />the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, <br />from time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the terms <br />of any such obligations, (iii) gram other indulgences, uV) release or reconvey, or cause to be released or reconveyed <br />at any time at Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional <br />security for any obligation herein mentioned; or (vi) intake compositions or other arrangements with debtoms in <br />relation thereto. <br />(c) forbearance by Lender Not a Waver. Any forbearance by Lender in exercising any right or <br />remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of any <br />such right or remedy. 'I he procurement of insurance or the payment of taxes or other liens or charges by Lender shall <br />not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Successors and Assigns Bound: Joint and Several Lnabili 'Captions- The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall more to.. the respective successors and assigns <br />of Lender and Truster_ All covenants and agreements of Toaster shall be joint and several_ 'f he captions and <br />headings of the paragraphs of this Deed of Trust are for convenience ordy and are not to be used to interpret or define <br />the provisions hereof. <br />(e) Reuuest for Notices'. The parties irmeby request that a copy of any notice of default hereunder <br />and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above <br />in the manner prescribed by applicable law_ Except "or any other notice required under applicable law to be gtycn in <br />another manner, any notice 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 address set Lrth above. Any notice provided for in this Deed of Trust shall be <br />effective upon mailing in the manner designated herein. If Truster is more than one person, notice sent to the address <br />set forth above shall be notice to all such persons, <br />(f) Ins eetion. Lender may make, or cause to be made, reasonable entries upon and inspections of <br />the Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause <br />therefor related to Lender's interest in the Property_ <br />(g) Reconyevanee- Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Tmsfee to reconvey the Property and shall surrender this Deed of Tmst and all notes evidencing indebtedness secured <br />by this Deed of Tmsl to 'i'r ustee. Trustee shall reconvey the property without warranty and without cUerge to the <br />person or persons legally entitled thereto. Tmstor shall pay all costs of recordation, if any <br />(h) Personal Pmoertv, ep riry Agreement As additional security for the payment of the Note. <br />Truster hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br />equipment and other personal property used in connection with the real estate or improvements located thereon and <br />not otherwise declared or deemed to be a pan of the real estate secured hereby. This instrument shall be construed as <br />a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under <br />said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of <br />'I'mst, 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 Truster. <br />(i) Limns and Encumbrances- Trustor hereby warrants and represents that there is no default under <br />the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or <br />other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property <br />(collectively, "Liens') existing as of the date of this Deed of Trust, and that any and all existing Liens remain <br />unmodified except as disclosed to Lender in I'rustor's written disclosure of liens and encumbrances provided for <br />herein Tmstor shall timely perform all of Trustor's obligations, covenants, representation and warranties under any <br />and all existing and future Liens, and shall not without Lenders prior written consent in any manner modify the <br />provisions of or allow any future advances under any existing or future Liens. <br />0) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, <br />including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and <br />rents and profits, shall be applied by Lender to the amounts due and owing from'I'mstor and Borrower in such order <br />as Lender in its sole discretion deems desirable_ <br />(k) Sebifity. if any provision of this Deed of Trust conflicts with applicable law or is declared <br />invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of <br />Trust or the Note which can be given effect without the conflicting provision, and to this end, the provisions of this <br />Deed of Trust and the Note are declared to be severable. <br />(1) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when <br />the Truslor and Borrower are the same persou(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 />