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f <br />86_ 10625.E <br />10. TrrNMe, The Trustee may resign at any it" without cause -and Lender may at any time an without cause eppoml a SUCCOSSOr Or Substitute Trustee Trustee <br />shall <br />not be liable for any toss or damage unless due to actionable negligence or willful misconduct. d shall not be required fo take any action m connection with the <br />enforcement of this Deed of Trust unless indemnified, in writing, for all costs, compensation or exp ses which may be associated therewith. In addition. Trustee may <br />beconw purchaser stony sabot the Property(judicrator under the power of sale g .1S1hereml. po pone the sale of an or any portion of the property. as provided bylaw. <br />or sefl Itro fir WIP as a whole. or in separate parcels or lots <br />it. f4tassel AjeallCee. Upon request of Borrower. Lender may, at its option. make addition and future advances and readvances to Borrower Such advances and <br />readvances, wilb` interest thereon, shall be secured by this Deed o: Trust At no tome shall the pre copal amount of the indebtedness secured by this Deed of Trust, not in- <br />greater, to protect the securdyof this Deed of Trust- exceed the original princt amount staled herein. orj?rl- (N)-OO _`___ whichevers <br />grsatec � <br />12 IMeewMarweflr Pfesfeloos. <br />(a) Suitt! er Not Released. Extension of the time for payment or model anon of amortization Of the sums secured by this Deed at Trust granted by <br />Lender to any stiltcessor in interest of Borrower shall not operate to release, In Try manner. the liability of the original Borrower and Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against such ccessor or refuse to extend time for payment or otherwise modrty, amortization <br />of the sums secured by this Deed of Trust by reason of any demands made the original Bbrrower and Borrowers successors In interest <br />(b) LamiclWa Poarers. Without affecting the liability of any other pers n liable for the payment of any Obiigallon herein mentioned, and without affecting <br />the lien Par charge of this Deed of Trust upon any portion ofthe Property no hen or theretofore released as security for the full amount of all unpaid obligations. <br />Lender may, from time to time and without notice it) release any person liable fol extend the maturity or alter any of the terms of any sucn obligations, fill) <br />grant other indulgences. (till release or reconvey, or cause to he released r reconveyed at anytime at Lender's options any parcel, portion or all of the Property <br />(v) take or release any other or additional security for any obligation her nmentloned or ivi) make compositions or other arrangements with debtors in relation <br />thereto <br />(c) fbrblas anee by Lender Not Watson. Any forbearance by ender ,n exerc,smg any ,ghl or remedy hereunder or otherwise afforded by applicable <br />law.sha11 not bea waiver of or preclude the exercise of any such right rremedy The procurement of insurance or the payment of taxes or other liens or charges <br />by Lender shall not be a waiver of Lender s right to accelerate the sturdy of the indebtedness secured by this Deed of Trust <br />(d) SuCCeeeore and ADS" Bound; Joint and Several HIT Captions. The covenants and agreements herein contained shall bind and the rights <br />hereunder shall inure to, the respacfive successors and assigns Lender and Borrower, subject to the provisions D1 paragraph 8 (e! hereof Aft covenants and <br />agreements of Borrower shall be joint and several The captions Ind headings of ln. paragraphs n: this Deed of Trust are for convenience only and are not to be <br />used to interpret or detme the provisions hereof <br />le) Regtarft for Notices. The parties hereby request!h ,copy of any notice of,.laud nereunder and a copy of any notice of sale hereunder be mailed to <br />each party to this Deed of Trust at the address set forth above the m annex prescribed by applicabie law Ex cept for any of her notice required under applicable <br />law to be given to another manner any notice provided for uj in is Deed of Tr-.PST sna l'. be given by mahmg such notice by cent lied mail addressed to the other <br />parties, at the address set forth above <br />Any notice provided for in this Deed of Trust shall be de4ec to have been c:vee to Borrower or Lender wrien gven in the manner designated herein <br />(f) Inspection. Lender may make Or cause to be;7de reasonable entrees upon Hnd rnSpeCt:on5 Dl llie Property provided that Lender shall give Borrower <br />notice prior to any such inspection sDecttying reasons , cause therefor related tc Lender s interest in the Property <br />(91 Reconwyance. Upon payment of all sums secured by this Deed of `rust Lender shall request Trustee to reconvey the Property and shall surrender <br />this Deed of Trust and all notes evidencing indebtedness secured by tr:s Deed oil tusi to Trustee T ruslee snail reconvey the Property without warranty and <br />without charge to the person or persons legally entitled thereto Such person or persons snail pay ali costs Ot recordation d any <br />(h) PerwnMProperty.Seeurity Agreement. Asaddilionai securtworthe paymentof The Note all fixtures, edmpment. and other personal property used <br />in connection with the real estate orimprDyemenis loicaied thereon and no:o!nerw:se dectarec or deemed io be a part of thereat estate secured nereby. shall be <br />sualecttoasecurity interest in}averof the Lenderuptlerthe Nebraska unrtprm. Commercial Code TnP instrument shall be construel as a Security Agreement <br />under said Code. and the Lender shall have all the /ighls and reined es o! a secured party urde.•: Said Code ir. addition to The nghts and remedies created under <br />and accorded the Lender pursuant to this Deeo of Trust <br />(i) SeverftMty. In lheevent that any provision of this Deed of Trust conflict with applicable law or are declared invalid or otherwise unenforceable . such <br />conflict or invalidity shall not affect the other provisions of this Deed of Trus!Or t *e NOle which[ ar 7e C'veil after• rnthout the conflicitno provision and to this <br />end the provisions of the Deed of Trust and ineiNote are declared !o be scveranie <br />t <br />13. This Section 13 to be completed ONLY it then Property consists of aoricuir.urai 'ea, estate ar Cl 's operative :i lv 'f ri or B is checked If applicable. complete <br />EITHER A or B' <br />i <br />❑ A. NOIMeNad. Borrower represents to Lender that no part of the Property has located upon '.1 a dwelling house used by Borrower as a residence Borrower ' <br />further covenants with Lender that no dwelling house Wulf be constructed or located upon the property <br />❑ B_ Election of Homestead. Borrower hereby designates the properly described in Exhibit B attacned nerelo and incorporaled herein by this reference as the i <br />homestead only for purposes of Section 76 -1519 of the Revised Statutes of The State of Nebraska in The evert Borrower isenl:tled To and ejects to make a partial redemption <br />pursuant to said Section 76 -1519. the redemption prke or value shall be determined by appraisal in ine'oflowind manner <br />(1) Borrower Shaul provide tgteraer an appraisal of the Exhibit B property and file remaining Property Iboth appraisals reflecting the redemption; <br />prepared and submitted by a 4eal estate appraiser licensed in the Slate of Nebraska which Lender may accept or reject . <br />(2) if Lender rejects Borrower s appraisal Lender shall submit an appraisal ct the E,,i -nil 8 property and the remaining Property (both appraisals <br />reflecting the redemption I prepared and Submitted by a real estate appraiser licensed in the State of Nebraska which Borrower may accept or reject. <br />(31 11 Borrower rejects Lender s appraisal the appraisers who have submitte7 a ,,pra:sais shall select a third appraiser licensed in the State o' <br />Nebraska who shall prepare and submit an appraisal of The Exhibit B property and Tne rernaimng properly!DOth appraisals reflecting the redemption) <br />Theseappraisal 5 shall be binding gupOn Lender and Borrower for pUrpJSe5 of e5taDlisning she redemphpn Once or value of the Exhibit B property and <br />The value of the remaining property for DurpOSeS of Sechor 76 -t51a and followirc o' the Revised Statutes of the Stale of Nebraska I <br />In the event the sale or other disposition of Tile o-edeemed portion o' ine Proper, dries rc sabsfy the indebtedness secured by this Deed of Trust r. oth,"9 <br />contained in this Paragraph 13Shall ConStdutee waiver,-' orimpairlhe Lender S iighls, :r'de• ec ri6 5,90!he Revised Stetulp�of thP, State Ot N2Dra5kd Or OlherwiSs <br />Borrower has executed iris reed of Trust The date written above , <br />t W. Rupp) Borrower, - <br />STATE OF NEBRASKA 'Mary E. Rupp) <br />Borrower <br />IS <br />COUNT Y OF <br />The toregoing Acknowt#d(ftrine,nt and Cie. -a -,, T."' it, i .w eel <br />h. ua•tne eri hehan .n <br />and fix, Ac k no.1ridge1xrii was Signed i­i <br />,f11. Nht�.B ?'1Ku <br />da, - ^• U ber ;986_ by Rc-Ph,-T -1- _W__ Lupp <br />NotarKc- <br />day o' '9 by - <br />corPo n,,'i on Dehad of the Cdr poraUDn <br />55 <br />COUNTY OF _ -.Ha t l <br />`\. <br />& M The t3: a'ng Acknowledgemem and rleeo <br />nt Trust were acknowleo -c before ,e ih.s .7„9 <br />and t9 Ckknow}f@e thritinT was Signed ,I <br />STAT� -RF NEBRASKA <br />t E N. 018( E <br />s <br />w Comm &p M. '. 1-9 <br />s <br />COUNTY OF <br />The foregom knowledgement and Deed <br />at Trust were acknowledged before r.le Inis <br />and the Acknowledgement was Signed first <br />L <br />STATE OF NEBRASKA <br />IS <br />COUNT Y OF <br />The toregoing Acknowt#d(ftrine,nt and Cie. -a -,, T."' it, i .w eel <br />h. ua•tne eri hehan .n <br />and fix, Ac k no.1ridge1xrii was Signed i­i <br />,f11. Nht�.B ?'1Ku <br />da, - ^• U ber ;986_ by Rc-Ph,-T -1- _W__ Lupp <br />NotarKc- <br />day o' '9 by - <br />corPo n,,'i on Dehad of the Cdr poraUDn <br />