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200701960 party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust, provided that Lender's rights and remedies lmder 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 perfonu all of Trustor's obligations, covenants, representation and warranties under any and all existing and future Liens, and shall not without Lender's prior writ. ten consent in any manner modify the provisions of or allow any future advances under any existing or future Liens. G) ATJplication of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including, without limitation, payments of principal and interest, insurance proceeds, condemnation proeecds and rents and profits, shall be applied by Lcnder to the amounts due and owing from Trustor and Borrower in such order as Lendcr 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 oilierwise 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 arc declared to be severable. (1) Tenus. The tenus "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the same person(s), those tenus as used in this Deed of Trust shall be interchangeable. (m) Governing Law. This Deed of Trust shall be govcrned by ilie laws of the State of Nebraska. Trustor has executed this Deed of Trust to bc effective as of the date written above. WENDGRAND REALTY,' LC, Ii Nebraska Limited Liabili Co any STATE OF ^((~ Yo/fb COUNTY OF8(-IJ. ~Jsr H{ The foregoing Deed of Trust was acknowledged before me this 13..- day of March, 2007 by Lewis E. Topper and Jeffrey J. Coghlan, Managers of Wendgrand Realty, LLC, a Nebraska limited liability company, on behalf of the lin1ited liability e pany. My Commission Expires: Notary Public ~ '2-'UBllrjilI9SVs WAYNE R. LEHRHAUPT Notary Public, State of New York No.3' -4609' 62 QUlllifil'd in New York County ~ Commission ~xplres Feb. 28. 20 6