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87- 1A2202 18. Vnisli . The Trustee may resign at anytime without rouse, and Lender may at anytime and without cause appoinl a successor or substitute Trustee. Trustee shag not he habte for any loss or damage unless Aire to actionable nrigkga "or wluful misconduct, and shall not be required to take any action in connection with the entiercomeint of "us Dead of Trust unless indemnified, tit writing. lot ae costs compensation or expenses which may be associated therewith in addition, Trust." may Wrimiespureltuaerat any arleol the Property (judicial or under the proweirof saregrantadherein); postponetheaaleofOilofanyportionoftheproperty ,asprovidedbylaw; or sole the Property as a who t. or in separate parcels or rots. 11. Pubm Advwwp . Upon request of Borrower. Lander may, at Its option, make additional and future advances and readvances to Borrower. Such advances and readvances. with interest thereon, shall be s&cyred by this Dead of Trust. At no time shall the principal amount of the Indebtedness secured by this Deed of Trust, not in- Ckliff" Sums advanced to protect the"curity of this Deed of Trust, exceed the original principal amount stated herein, or whichavi is greSter. 13. BhsaMwwew Prerlskm (a) Gernswer teat Belsaaad. Extension of the time for payment or modification of amortization of the sums secured by this Dead of Trust granted by Lender to any successor in Interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender Mall not be required recommence proceedings against such successor or refuse to extend time for payment orotheirwise modify amortization of the sums secured by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in interest. IN LenMrsPOwere. Withoutaffecting the liability of any other person liable for the payment of any obligation herein mentioned, and without affecting the rise or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. LerKter may, from time to time and without notice (f) release any person so liable, (it) extend the maturity or alter any of the terms of any such obligations, (fit) grant other indulgences, ( iv) release or reconvey. or cause to be released or reconveyed at anytime at Lender's options any parcel, portion or all of the Property, (v) lake or release any other or additional security for any obligation herein mentioned, or (vi) make compositions or other arrangements with debtors In relation thereto (c) feApnnaa by Lander Ntet a Welm. Any forbearance by Lender In exercising any right or remedy hereunder, or otherwise afforded by applicable taw. sflatt nol be a waiver of or preclude the exercise of any such fight or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender Mali not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 1d) $tfeenssra herd AsslOm Bound; Joint and SewrN Liability; Cap&ms. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 8 (a) hereof. All covenantsand agreements of Borrower shall be joint and several The captions and headings of the paragraphs of this Deed of Trust are for convenience onlyand are not lobe used to mrerpret or define the provisions hereof (at AgrMMrOr MCKaas. The parties hereby request that a copy of any notice of default hereunder and a copy of any nollco Of sale hefeunderbe mailed to each party to this Deed of Trust at the address set forth above in the manner prescribed by applicable law. Except for any other notice required under applicable low to be given in another manner. any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to the other parties, at the address set forth above Any notice provided for in this Dead of Trust shall be deemed to have been given to Borrower of Lender when given in the manner designated herein. (f) Inspection. Lender may make or cause to be made reasonable enures upon and inspections of the Property, provided that Lender shall give Borrower notice poor to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property, (g) Reaanwyanea. Upon payment of all sums secured by this Deed of Trust, Lender shah request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto Such person or persons shag pay all costs of recordation, if any. (h) Perse" Property, Seeautyt Agreement. As additional Security for the payment of the Note all fixtures. equipment, and other personal property used in connection with the real estate or improvements located thereon, and not otherwise declared or deemed to be apart of the real estate secured hereby, shall be subject to &security interest in favor of the Lender under the Nebraska Uniform Commercial Code. This instrument shall be construed ass 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 (1) feaafN Mly. In the event that any provision of this Deed of Trust conflict with applicable law or are 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 and the provisions of the Deed of Trust and the Note are declared to be severable ' 11 This Section 13 to be completed ONLY it the Property consists of agncullwal real estate and is operative only if A or B is chocked. If applicable, complete [ITHIM A or 8: ❑ A. "ovassi aad. Borrower represents to Lender that no part of the Property has located upon +l a dwelling house used by Borrower as a residence. Borrower further covenants with Lender that no dwelling house will be constructed or located upon the property G B. DOCMM Of 140 AONOC Borrower hereby designates the property described in Exhibit B attached hereto and incorporated herein by this reference as the homt~ only for purposesol Section 76 -1519 of the Revrsao Statutes of the State of Nebraska In the event Borrower is entitled to and elects to make a partial redemption pursuant to said Section 76 -1519, the redemption price or value shall be determined by appraisal in the following manner (1) Borrower shall provide to Lender an appraisal of the E xhrbd 8 properly and it a remaining Property (both appraisals reflecting the redemption) prepared and submitted by a real estate appraser licensed m the State of Nebraska which Lender may accept or reject; (2) 11 Lender rejects Borrowers appraisal. Lender Shan submit an appraisal of the Exhibit 8 property and the remaining Property (both appraisals reflecting the redemption i prepared and submitted by areal estate appraiser licensed in the State of Nebraska which Borrower may acceptor reject: 13) It Borrower rejects Lender s appraisal. '.he appraisers who nave submitted appraisals shall select a third appraiser licen3ed in the State of Nebraska who shall prepare and suborn an appraisat at the Exh,b t 8 property and the remaining Property (both appraisals reflecting the redemption). Thus& appraisals shall be binding upon Lender and Borrower tot purposes of establishing the redemption price or value of the Exhibit 8 property and the value of the remaining property for purposes a, Section 76 -1518 and following of the Revised Statutes of the Slate of Nebraska. In the evert the sate of other disposition of the unredeemed portion of the Property does not satisfy the indebtedness secured by this Deed of Trust, nothing contained in this Paragraph 13 shah constitute a waiver of or impair the Lender's rights under Section 76 -1519 of the Revised Statutes of the State of Nebraska or otherwise. Borrower has executed this Deed of Trust the date written above R na Kr uss Borrow STATE Of NEBRASKA ) Site M. Krauss or ewe' I ss COUNTY OF — _Hamilton_ _ — I Ra d C.Kra ss & The foregoing Acknowledgement and Deed of Trust were acknowledged before me this 24tNay of _ _March_. _________ . 19 87 _ by Yada_M.-&a.GS and the Acknowledgement was J. 0. WMILIMM M81E1Lf. MOTkIT -$tSts sl INEnska STATE Of NEBRASKA C— EIP M' 21111. t to y Public I as COUNTY Of The forego olif Acknowledgement and Deed of Trust were acknowledged before me this ..__..___ day of ____ _ _.. __ _ -_ 79 .._. -__. by - - ....,_.- _- —. .... _-.. . . - - ---. _._._ _, of _....___ ____._. __- _..____ __.___ a _ ___.._ - -_- ____.. __._ corporation. on behalf of the corporation. Slid Kkr Acts 1 wan signed first Notary Puhl,c STATE Of A$KA i 1 as Try Ark - merit and Lleed p1 Trust were acknowledged he /rate ma In" stay M 19 by .___. __... -. -... panne+ nn hehwl nl _... .. _ .. pa•:nnrelut. scar ere ActirXiairsediffirtvem was vifnraf firs/ fir, xis. , xx