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<br />200701960 <br /> <br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to <br />protect the security of this Deed of Trust, exceed the original principal amount stated herein. <br /> <br />16. Miscellaneous Provisions. <br /> <br />(a) Borrower Not Released. Extension of the time for payment or modification <br />of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in <br />interest of Borrower shall not operate to release, in any manner, the liability of the original <br />Borrower and Borrower's successors in interest. Lender shall not be required to commence <br />proceedings against such successor or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Deed of Trust by reason of any demands made by the <br />original Borrower and Borrower's successors in interest. <br /> <br />(b) Lender's Powers. Without affecting the liability of any other person liable for <br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this <br />Deed of Trust upon any portion of the Property not then or theretofore released as a security for <br />the full amount of all unpaid obligations, Lender may, from time to time and without notice, <br />(i)release any person so liable; (ii) extend the maturity or alter any of the terms of any such <br />obligations; (iii)grant other indulgences, (iv) release or reconvey, or cause to be released or <br />reconveyed at any time at Lender's option any parccl, portion or all of the Property; (v) take or <br />release any other or additional security for any obligation herein mentioned; or (vi) make compo- <br />sitions or other arrangements with debtors in relation thereto. <br /> <br />(c) Forbearance bv Lender Not a Waiver. Any forbearance by Lender in <br />exercising any right or remedy hereunder or otherwise afforded by applicable law shall not be a <br />waiver of, or preclude the exercise of: any such right or remedy. The procurement of insurance <br />or the paymcnt of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtcdness secured by this Deed of Trust. <br /> <br />(d) Successors and Assigns BOlmd: Joint and Several Liabilitv: Captions. The <br />covenants and ap'eements herein contained shall bind, and the rights hereunder shall inure to, the <br />rcspective successors and assigns of Lender and Trustor. All covenants and agreements of <br />Trustor shall be joint and several. The captions and headings of the paragraphs ofthis Deed of <br />Trust are for convenience only and are not to be used to interpret or define the provisions hereof. <br /> <br />(e) Request for Notices. The parties hereby request that a copy of any notice of <br />default hereunder and a copy of any notice of sale hereunder be mailed to each party to this Deed <br />of Trust at the address set forth above in the maIllCr prcscribed by applicablc law. Except for <br />any other notice required under applicable law to be given in anothcr manner, any notice <br />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 sct forth above. Any notice provided for in this <br />Deed of Trust shall be effective upon mailing in the marmer designated herein. If Trustor is <br />more than one person, notice sent to the address set forth above shall be notice to all such <br />persons. <br /> <br />(f) lJJ.mcction. Lender may make, or cause to be made, reasonable entries upon <br />and inspections of the Property, except during the hours of 11 :00 a.m. to 3 :00 p.m., provided that <br />Lender shall give Trustor notice prior to any such inspection specifying reasonable cause <br />therefor related to Lcnder's interest in the Property. <br /> <br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, <br />Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and <br />all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall <br />reconvey the Property without warranty and without charge to the person or persons legally <br />entitled thereto. Trustor shall pay all costs of recordation, if any. <br /> <br />(h) Personal Property; Security Agreement. As additional secmity for the <br />payment of the Note, Trustor hercby b'Iants Lender, under the Nebraska Uniform Commercial <br />Code, a security interest in all fixtures, equipment and other personal property used in connection <br />with the real cstate or improvements located thereon and not otherwise declared or deemed to be <br />a part of the real estate secured hereby. This iustrument shall be construed as a Security <br />Agreement under said Code, and the Lcnder shall havc all thc rights and remedies of a sccured <br /> <br />5 <br />