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.. 200608655 shall be construed as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said Code in addition to the 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. (i) Liens and Encumbrances. Trustor 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. Trustor shall timely perform all of Trustor's obligations, covenants, representations and warranties under any and all existing and future Liens, shall promptly forward to Lender copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allowany future advances under any existing or future Liens. U) 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 Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severability. 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. (I) 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. 17. Water Rights. Trustor is prohibited from selling, assigning, or otherwise conveying its interest in water rights that may now, or at any time in the future, be used in connection with the real property without receiving prior written consent from the Beneficiary. Beneficiary covenants to fully utilize all water rights that may now, or at any time in the future, be used in connection with the real property while the deed of trust is in effect in order to minimize the risk of abandonment of such water rights. Trustor has executed this Deed of Trust as of the date written above. ~ Barry A nge Trustor a~)f~ Alberta M. Stange Trustor Trustor Trustor Trustor Trustor Trustor Trustor Trustor STATE OF NEBRASKA ) ) ss. ) COUNTY OF Buffalo The foregoing Deed of Trust was acknowledged before me this 28th me, a General Notary Public in and for the State of Nebraska, personally came: day of September 2006 , before Barry A. Stange and Alberta M. Stange, husband and wife to me personally known to be the identical person(s) whose name(s) are affixed to the above Deed of Trust, and they acknowledged the execution thereof to be their voluntary act and deed as Individuals. ) ) ss. ) GENERAl. NJJARY - S1alB of Nebraska JAMES R. LEVICK My Corrm. Exp. July 2, 2008 Witness my hand and notarial seal the day and year last above written. STATE OF NEBRASKA COUNTY OF The foregoing Deed of Trust was acknowledged before me this day of by Notary Public