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200703959 declared or deemed to be a part of the real estate secured hereby. This instrument 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 created under and accorded the Lender pursuant to this Deed of Trust; provided that Lender's 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 or 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 allow any future advances under any existing or future liens. (j) 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. (1) Terms. The tenns "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. Trust ha executed this Deed of Trust as of the date written abov) Trustor Bruce A. Schutte s o ynn A. Schutte Trustor 'Trustor STATE OF NEBRAS COUNTY OF The foregoing Deed of Trust was acknowledged before me this day of f' , 2007 by �iNERAI �( Notary Public JULEE K LUBKEN Comm. Exp. An. 27, 2009 STATE OF NEBRASKA. COUNTY OF The foregoing Deed of Trust was acknowledged before me this day of 52007 by of Corporation. Please return to: Nebraska Energy Federal Credit Union 1414 15th Street, PO Box 499 Columbus, NE 68602 -0499 a Corporation, on behalf of the Notary Public