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86- 406703 10. Trestles. The Trustee may resign at any time without cause, arid Lender may at any tittle and without cause appoint a successor or substitute Trustee- Trustee sheti not be liable for any toss of damage unless due to actionable negligence or evilihd misconduct, and shall not he required to take any action in connection with the entorcement of this Deed of Trust unless indemnified, in writing, lot all costs, compensation or expenses which may be associated therewith. In addition. Trustee may becomes purchase/ at any sate of the Property (judicial or under in a power of sale granted herein); postpone the safe of all or any portion of the property, as provided by law, or "It the Property as a whole, Of In separate parcels or lots. tt. Ftibnr AdreboM. Upon request of Borrower. Lender may. at its option, make additional and future advances and readvances to Borrower. Such advances and readvances. with interest thereon. strait be secured by this Deed of Trust. At no time small the principal amount of the indebtedness secured by this Deed of Trust, not in- cluding sums advanced toprotect the security of this Deed ofTrusl, exceed the original principal amount slated herein. orS_a_S.Qr_Q49.._QQ .whichever is greater. 12. obeemenaew Frwbism. (a) Sort~ Nit Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release. m any manner. the liability of the original Borrower and Borrowers successors in interest. Lander shall not be required to commence proceedings against such successor or refuse to extend time tot payment or otherwise 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. (b) Landafe►oael Without affecting the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting the lien 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. Lender may. from time to time aria without notice (I) release any person so liable, fits extend the maturity or alter any of the terms of any such obligations. (iii) grantother 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) takeor release any other or additional security for any obligation herein mentioned. or (vi) make compositions or other arrangements with debtors in relation tmefeto. (c) Ferbewernesi by Lender Meta W~. Any forbearance by Lender in exercising any right or remedy hereunder. or otherwise afforded by applicable law, shall nor be a waiver of or preclude the exercise of any such tight or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lenders right to accelerate the maturity of the indebtedness secured by this Deed of Trust. (d) fYegsaers arid Assiom fJOdndi JohH and Save Liability: Captions. The covenants and agreements herein contained shall bind, and the rights hareuddershall inure to. the respective successors and assigns of Lender and Borrower subject to M.e provisions of paragraph B let hereof All covenants and agreements of Borrower shall be joint and several The captions and headings of the paragraphs e- mis Deed of Trust are for convenience only and are not to be used to interpret of define file provisions hereof (e) Requital krNotices. The parties hereby request that a copy of anynotice of default hereunder and a copy of any notice of sate hereunder be mailedto each party Sothis Deed of Trust at the address set forth abovem the manner prescribed by appi,cable law Except for any other notice required under applicable law lobe 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 Deed of Trust shah be deemed to have been given to Borrower or Lender when given in the manner designated herein (1) Inspection. Lender may make or causelo be made reasonable entries upon andmspechons of the Property. provided that Lender shall give Borrower notice prior to any such inspection, specifying reasonable cause therefor related to Lender's interest in the Property. to) Reconveyanw. Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencmg,tldebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Properly withoul warranty and without charge to the person or persons legally enimed thereto Such person or persons shall pay all costs of recordation• it any. (hl Personal Property, Security Agreement. As additional Secu! :ty for the payment of the Note all fixtures. equipment, and other personal property used in connection with the reai estate or improvements located thereon. and not otherwise declared or deemed to be a part of the real estate secured hereby, shall be subject toa security mlerestm favor of the Lender uhd.,the Nebraska Uniform Commercial Code Thismstrument shall be construed asa 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 (i) Sovedbtety. in the event that any prnvlsion of thus Deed of Tnis!r nfhc! with app I cable 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 end the provisions of the Deed of Trust and the Note are declared to tee severable 13. This Section 13 to be completed ONLY it the Property consists of agnc;:!tural -eal estate and is operauve only ,1 A or B is checked, if applicable, complete Err"Ol A or 8: O A. Homestead. Borrower represents to tender that no part of the Pr„wrty has folbred upon it a dwelling house used by Borrower as a residence. Borrower further covenants with Lender that no dwelling horse wili he tonsonicind of ,ocaied upon the property 0 B. Elscillm of Heeaaead. Borrower hereby de iigrales the prop: rty described in Exhibit a attached hereto and incorporated herein by this reference as the homestead only for purposes of Section 76-1519 of the Rev +sled Statutes of the State of Nenraska In the event Borrower is entitled to and elects to make a partial redemption pursuant to said Section 761519, the redemption price or value snail be determined by appraisal in the following manner. Ill Borrower shah provide!o Lender an app!d,sai of the Exhibit Bpi -petty and the,emai mng Property (both appraisals reflecting the redemption) prepared and submitted by a real estate appraiser licenser] m the State of Nebraska which Lender may accept or reject: f2) If Lender relecis Borrower's appraisa, l. ender shall submit an arip,r isa+of the Exhibit 8 property and the remaining Property iboth appraisals reffecting the cede hruon.l prepareC and submitted by a real estate appra,ser licensed in the State of Nebraska which Borrower may acceptor reject: (3) if Borrower rejects Lenders appraisal the appraisers who have submitted appral5ais shah select a third app -wiser licensed in the Stale of Nebraska who shall prepare and submit an appraisal of the Exhibit B property and the remaining Property (both appraisals reflecting the redemption). These appraisals shall be binding upon Lender and Borrower for purposes or establishing the redemption price or value of the Exhibit 8 property and the value of the eemamng property to, purposes or Section, 76 -1 <1d and tohow,ng of the Revised Statutes of the State of Nebraska. In the event the sale or other disposition of the unredeemed portion r0r the P!pperi'r does not satisfy the indebtedness secured by this Deed of Trust. nothing Cooler tied m this Paragraph t 3 shaft conslhutea waiver of Or impair the Lender s rights under Section 75 -1519 of the Revised Statutes of the Stateof Nebraska orotherwise . Borrower has executed this Deed of Trvsl the date written above !. wet t Clavt � L. Kauf fman r STATE OF NEBRASKA l { Nancy A. Kalif finan 1 ss COUNTY OF11- .__.— .— __.___._ __ } Kat7IIt13WS1'Y]ct vrl ergs. t ari6Deet I Tyr r�st were acknow +edged before me 1-115 9 - oar of and the ANUrowledgement was geed firsttCalllL Iq OflEltiiL>t/iA{Y- >patsai tlsaras4 T14ERESA M. STARKEY ormit. qL Mamb:, 1967 Notary Public STATE OF NEBRASKA i 1 SS COUNTY OF The foregoing AcknOwtedgamenl and Deed of Trust were acknowledged hefo,ri me this _ day df _ _ _._ __ _ ___._... 19. _____ by of .___ __._.— .__... __.__ _.. -... _. _. _.. -_ _ a _ . -._._ _ .._ _._. corporation on behalf of the corporation. lull Cite Acknowledgement was signed first Notary Pubi c STARE OF NEBRASKA 1 i ss COUNTY OF The to -go-g Auk.cive"ee —I and [heed sf Trust wane act n;>wiw.l ,led tuiore meth,:. nay o. ill by ..._. -. pati e, hi, bet.,l or and lha Acknowledgfe! iml wax s3gr,er7 liter Belt >. tip I "