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<br />200704096
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<br />to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall
<br />not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
<br />modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original
<br />Borrower and Borrower's successors in interest.
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<br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of
<br />any obligation herein mentioned, and without afTecting the lien or charge of this Deed of Trust upon any portion of
<br />the Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may,
<br />from time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the terms
<br />of any such obligations; (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed
<br />at any time at Lender's option any parcel, portion or all of the Property; (v) take or release any other or additional
<br />security for any obligation herein mentioned; or (vi) make compositions or other arrangements with debtors in
<br />relation thereto.
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<br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or
<br />remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any
<br />such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender
<br />shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
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<br />(d) Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and
<br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns
<br />of Lender and Trustor. All covenants and agreements of Trustor shall be joint and several. The captions and
<br />headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or
<br />defme the provisions hereof.
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<br />(e) Request for Notices. The parties hereby request that a copy of any notice of default hereunder
<br />and a copy of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth
<br />above in the manner prescribed by applicable law. Except for any other notice required under applicable law to be
<br />given in another marmer, any notice provided for in this Deed of Trust shall be given by mailing such notice by cer-
<br />tified mail addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of
<br />Trust shall be effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent
<br />to the address set forth above shall be notice to all such persons.
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<br />(t) Inspection. Lender may make, or cause to be made, reasonable entries upon and inspections of
<br />the Property, provided that Lender shall give Trustor notice prior to any such inspection specifYing reasonable cause
<br />therefor related to Lender's interest in the Property.
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<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request
<br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness
<br />secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge
<br />to the person or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any.
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<br />(h) Personal Property: Security Aereement. As additional security for the payment of the Note,
<br />Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures,
<br />equipment and other personal property used in connection with the real estate or improvements located thereon and
<br />not otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed
<br />as a Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party
<br />under said Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed
<br />of Trust, provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br />limitation on, Lender's rights and remedies under any other security agreement signed by Borrower or Trustor.
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<br />(i) Liens and Encwnbrances. Trustor hereby warrants and represents that there is no default under
<br />the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or
<br />other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property
<br />(collectively, "Liens") existing as of the date of this Deed of Trust, and that any and all existing Liens remain
<br />unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for
<br />herein. Trustor shall timely perfonn all of Trustor's obligations, covenants, representation and warranties under any
<br />and all existing and future Liens, and shall not without Lender's prior written consent in any manner modify the
<br />provisions of or allow any future advances under any existing or future Liens.
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<br />(j) Application of Pavrnents. Unless otherwise required by law, sums paid to Lender hereunder,
<br />including, without limitation, payments of principal and interest, insurance proceeds, condenmation proceeds and
<br />rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order
<br />as Lender in its sole discretion deems desirable.
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<br />(k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared
<br />invalid or otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of
<br />Trust 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.
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<br />(I) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when
<br />the Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable.
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