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<br />200704139 <br /> <br />notice by certified mail addressed to the ather parties, at the address set forth above. Any <br />notice provided for in this Deed of Trust shall be effective on the third date after mailing <br />in the manner designated herein. <br /> <br />(f) Inspection. Lender may make or cause to be made reasonable entries <br />upon and inspections of the Property, provided that Lender shall give Trustor notice prior <br />to any such inspection specifying reasonable cause therefor related to Lender's interest in <br />the Property. <br /> <br />(g) Reconvevance. 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 <br />Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee_ <br />Trustee shall reconvey the Property without warranty and without charge to the person or <br />persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. <br /> <br />(h) Personal Prooertv: Security Al!reement. As additional security for the <br />payment of the Note, Trustor hereby grants Lender under the Nebraska Uniform <br />Commercial Code a security interest in all fixtures, equipment, and other personal <br />property used in connection with the real estate or improvements located thereon, and not <br />otherwise declared or deemed to be a part of the real estate secured hereby. This <br />instrument shall be construed as a Security Agreement under said Code, and Lender shall <br />have all the rights and remedies of a secured party under said Code in addition to the <br />rights and remedies created under and accorded Lender pursuant to this Deed of Trust; <br />provided that Lender's rights and remedies under this paragraph shall be cumulative with, <br />and in no way a limitation on, Lender's rights and remedies under any other security <br />agreement signed by Borrower or Trustor. <br /> <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that <br />there is no default under the provisions of any mortgage, deed of trust, lease or purchase <br />contract describing all or any part of the Property, or other contract, instrumcnt or <br />agrecment 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 <br />existing Liens remain unmodified except as disclosed to Lender in Trustor's written <br />disclosure of liens and encumbrances provided for herein. Trustor shall timely perform <br />all of Trustor's obligations, covenants, representations and warranties under any and all <br />existing and future Liens, shall promptly forward to Lender copies of all notices of <br />default sent in connection with any and all existing or future Liens, and shall not without <br />Lender's prior written consent in any manner modifY the provisions of or allow any future <br />advances under any existing or future Liens. <br /> <br />(j) Application of Payments, Unless otherwise required by law, sums paid <br />to Lender hereunder, including without limitation payments of principal and interest, <br />insurance proceeds, condemnation proceeds and rents and profits, shall be applied by <br />Lender to the amounts due and owing from Trustor in such order as Lender in its sole <br />discretion deems desirable. <br /> <br />(k) SeverabiUtv. If any provision of this Deed of Trust conflicts with <br />applicable law or is declared invalid or otherwise unenforceable, such conflict or <br />invalidity shall not affect the other provisions of this Deed of Trust or the Note which can <br />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. <br /> <br />(I) Terms. The terms Trustor and Borrower as used in this Deed of Trust <br />shall be interchangeable. <br /> <br />(m) Governinl! Law. This Deed of Trust shall be governed by the laws of the <br />State of Nebraska. <br /> <br />[REMAINDER OF PAGE INTENTIONALLY BLANK. <br />SIGNATURE PAGE FOLLOWS.) <br /> <br />D-Deed ofTl1.lst (Nebraska) May 2007(1529784_6) (4).DQC <br /> <br />5 <br />