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86,1063'72 <br />10- Tnalae. The Trustee may resign at any time without cause, and Lender may at anytime and without cause appomt a successor or substitute Trust" Trustee <br />sinllnobe liable for any toss or damage unless due to actionable negligence or willful misconduct. and shall not be required to take any action in connection with the <br />enlorceetanl of this Deed of Trust unless indemnified, in writing, for Ali costs, compensation or expenses which may be associated therewith, in addition, Trustee may <br />becomes+pumhaset st any saleof the Property [Judicial ortincWthe power of male granted "total. postpone the sale of all or any portion of the property, as provided by law, <br />oraek die Propertry, as a whole, at in separate pai cets or lob. <br />11. iW WeAraaaMi. Upon request of Borrower- Lender may. at its option, make additional and future advances and readvances to Borrower. Such advances and <br />readvances. with ifltefNtthereon, shall be secured by this Deed of Trust At no time shall the principal amount of the indebtedness secured by this Dead of Trust. not in- <br />eluding sums advanced to Project the security of this need at Trust. exceed the original principal amount stated herein, or$Zs151,03 __• whichever s <br />9r�r• <br />12. tU so@Nww m ProNMae. <br />(a) Barre~ MM RaMead• Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by <br />Lander to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successor in <br />interest. Lender she# not be required to commence proceedings against such successor or refuselo extend time for payment or otherwise moditysmortlzation <br />of the sums sewed by this Deed of Trust by reason of any demands made by the original Borrower and Borrower's successors in Interest. <br />(b) LeaMYsPawara Without Matting thefisbdityof any other person liable for the payment of any Wigation herein mentioned andw)tnoutaMecting <br />the lien of charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations. <br />Lender may, from time to time and without notice fit release any person so hable. (ii) extend the maturity or sitar any of the terms of any such obligations, (ill) <br />grant other indulgences, (iv) rat"" or reconvey . or cause to be released or reconveyed at any time at Lender's options any parcel, portion or all of the Property, <br />(v) lakeOt resew any Other Of additional security forany obligation herein mentioned, or l vl) make compositions or other arCangements with debtor$ in relation <br />IM fto <br />(c) Feraoo once by Lender Mal a W~. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded by applicable <br />tow, shall not boa warvex of Or preclude the eaerrtse of any such right orfenledy The procurement of insurance or the payment of taxes or other liensorcharges <br />by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Subts eafa sting Aaet tie Beltrlm JMM and •even) Ll Over. Capsons. The covenants and agreements herein contained shall bind, and the rights <br />hereurdw shall inure to, the resplact;ve. successors and assigns of Lender and Borrower subject to the orovisrons of paragraph 8 (et hereof. All covenants and <br />agreements of Borrower shay be joint and several The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be <br />used to inlerprot or defies the provisions hereo# <br />(a) Rallimpl tar NoNees. The parties hereby request that a copy of any notice of default hereunder and a copy of any notice of sate hereunder be mailed to <br />each pertytothis Deed of Trustat tteaddrosssel l0rth above in the manner prescribed by applicable law F. xcepl lot any other notice required under applicable <br />paw to be given in another manner any notice provided fa :n this Deed of Trust Shall be given by mailing such notice by certified mail addressed to the other <br />parties, M the address W torts above <br />Any notice provided rat rn this Dead of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein <br />(1) Inspection. Lender may make r,,r cause tp bo made reasonable entries upon and :nspec Lons of the Property provided that Lender shall give Borrower <br />notice prior to Any such inspection specifying reasonable cause therefor relarrtd to Lender s interest in the Property <br />(g) R/COnaayanae, Upon payment stall sums secuted by this Deed of T rue!. Lender shat request Tr ustee to reconvey the Property and shall surrender <br />this Deed of Trust and an notes evidencing indebtedness secured by Tins Deed Of Trust to Trustee Trustee shall reconvey the Property without warranty and <br />without charge to TM person of persons legally entrited thereto Sucti person or persons shall pay ate costs of recotdation it any <br />(h) PereenalPrePerb,faourny AOralaNM_ As additional security for lne payment of the Note all fixtures. equipment. and other personal property Used <br />in connection with the foal estate ar improvements located merean and not otherwise declared or deemed to" a part of the real estate secured hereby. shall be <br />subject to&security interestm favor of the Lender under the Nebraska Undotm Commercial Cade This instrument shall beconstruedasa Security Agreement <br />under said Code, and the Lender shalt have art ri rights and - :tined > 0"a secured pasty under Saud Code n addition to the tights and remedies created under <br />and accorded the Lender pursuant to m,s Deed of Trust <br />(1) tjotiM111twi►. in theavent that any provs,OO of M5 Deed of Trost conhv r-in appucablelaw or are declared,oval,d or otherwise unenforceable. such <br />conflict or invalidity shall not allots the other provisron9 01"t, Deed of T ,,lst or 011, Now wheC h can" given etfec t without the conflicting provision. and to this <br />and the orovistaml at the Deed of Trust and the Note are declared to tie sevetabte <br />13. This Seebon 13 to be completed ONLY it the Property consists of ayncelhirai real eSLlte and is operative only d A or B ,s chocked It applicable, complete <br />EFT"M A or B <br />0 A taMlatNr. Borrawr r reprosents !a Lender mat na r art of me Property has Ia<ated upon ,t d dwe!tinp he ise. used by 9oriower as a residence Borrower <br />fu~ covenants with Lender !flat no dwelling house will he ronstiurtad or socaleci ,pan the property <br />Q B. MoaMOe or fWneaaload. Borrower hereby des+iinalax the property dcsc,.bed !n Exhme 8 attacned hereto and incorporated herein by this reference As the <br />hoenoateedoafyfmpurposesot Section 76 -1519 of the P.-set! Statutes of the Staten[ Nebraska In the event Borrower,senptied to and efects to make a partial redemption <br />puratNnt io said Samar, 76 -1519, the redemption once or value Shan be d @lermoro ;t T.v appraisal m the IOilowmg manner <br />fit Borrower shall prO-11 to Lender annppia,sa!offne Exn,att Bproperty ono therernainmg Property l both appraisals reflecting the redemption ) <br />propered and suormheo by areas estate appraa€er licensed- the iuilr, of NY.Oraaka which Lender may accept m reject. <br />121 !t Lender rwtccts BOrrower 5 apC'asal Lender shall submit an appraisal of the Exhibit 8 property and the remaining Property (both appraisals <br />reffecting the redemption; prep&rPd and s0lmitteil by a ieni estate appraxsar hce, nsed m the State of Nebraska which Borrower may acceptor ro)eci: <br />i3t I! BorrOw.r ro)etis Lenders appraise{ the avolaaers sotto have submitted appraisals shall select a third Appraiset licensed In the State of <br />Nebraska vino snail prepare and submri an appraisal of the E'• h 1b + -t B property a =•lid !ne remarn:ng Property f both appralsals reflecting the redemption) <br />These appraisals shall be binding upon Lend., and Bar'c :war for purposes o' rts•.abinaning tee redemption price tie value of the Exhibit 8 property and <br />the value Of the rema,n,hg property for purposes of Siti:bon 76.1518 and 1!)41aw,rg of lire. Reused Statutes of the State of Nebla$ka. <br />In the event the sate or What distTasir!on of the unredeerr+ed portion d} the P,opely CJM nCi ti, i,sfy the indebiedness secured by this Deed of Trust. nothing <br />conlain"m1his Paragraph t3shan constitute a waver of Or,mpa,r the Lander S ngnlb. -14e1 SBCpw 75 15 19 of me R—sed Statutes of the Stateof Nebraska or otherwise- <br />BarrOwar ft" executed this Dead of Trust the date written atwve <br />r ,1 <br />L <br />(J an..tte F, scnower - M�LalyrtYT -- <br />Scr*ower <br />STATE OF NEBRASKA <br />t bb <br />COUNTY Of __.�_ t 1 MLC3PthY <br />The foregoing; Acknowledgement and Deed of Trust wove acknow ad f a! this 2n.. day cf October._. ._ 19 ?�?. by 4 <br />and the Acknohrfedgement WAS signed first — <br />THERESA ML STARKfY <br />Notary PubpC <br />STATE OF NEBRASKA <br />t as <br />COUNTY OF <br />train, forety" ACtoars Ogomenl on,, Dead of Trust were acknowledge..^. belore me this _. __ day of _ ...... 19 _ by <br />_...„...-...-.,,,......._ ......., „..__..._.- ...___....._ _...__.._ of <br />W4 the AorlownetlQnaMrif wall signed first <br />No'.a +Y Pub;vc <br />STATE OF N@lR.1i ! <br />Clow”" Of <br />I ax <br />71gt 000e00n4 ACk n< slut Deed 0 T11.0 ws: R bwlorn +1r• th.c d±, „i `2 hr .. <br />-_.. partne, c , bah&» of _ u s,artnera!1,II <br />awk *0 lkdlat+.ew4tsasrtiant was Vanwt t;rvt. <br />e <br />,)b #'"nW <br />