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200512127 <br />party under said Code in addition to the rights and remedies created under and accorded the Lender <br />pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be <br />cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security <br />agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Truster hereby warrants and represents that there is no default under the <br />provisions of any mortgage, deed of trust, lease or purchase contract. describing all of any part of the <br />Property, or other contract, instrument or agreement constituting a. lien or encumbrance against all of any <br />part of the Property (collectively "Liens "), existing as of the date of this Deed of Trust and that any and all <br />existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and <br />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 <br />Lender copies of all notices of default send in connection with any and all existing or future Liens, and shall <br />not without Lender's prior written consent in any manner modify the provisions of or allow any firture <br />advances under any existing or future Liens. <br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including <br />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 Trustor and Borrower in <br />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 <br />otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust <br />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 the Trustor <br />and Borrower are the 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 />Chris Alan Sullivan <br />Melinda M. Sullivan <br />STATE OF NEBRASKA ) <br />COUNTY OF HALL ) <br />The foregoing Deed of Trust with Future Advances was acknowledged before me thisgth day of December , 2005 by <br />Chris Alan Sullivan and Melinda M. Sullivan, husband and wife. <br />GENERAL. NOTARY - State of Nebraska <br />DEBRA J. KOZAK <br />Comm. N. Jan. 90 2008 <br />My commission expires: January 30, 2008 <br />Notary Pub 'c / <br />