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86-- 107113 1 . Truslas, The Trustee may resign at any time without cause, and Lender may at any time and without cause appoint a successor or substitute Trustee. Trustee shelf not be Itabte for any toss or damage unless due to actsonabie negligence or r 11ful misconduct, and shall not be required to take any action in connection with the enforcement of this Deed of Trust unless indemnified, m writing, too ail costs, compensation or expenses which may be associated therewith. In addition, Trustee may become a purchaser at any sale of tree Property (judicial or under the power of sale granted herein), postpone the sale of all or any portion of the property, as provided by law: or self the Property ass whole, or in separate parcels or lots. 1 t. FtlNw Adewteee, 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, shall be Secured by this Deed of Trust At no time shall the principal amount of the indebtedness secured by this Deed of Trust. not in- cluding sums advanced to protect the security of this Dead of Trust, exceed the original principal amount stated ea herein, o whichever is grter. A r�ZE-t. 7tJ 12, IRapNeeelf" Pra-fabtn, (a) Borrower Not ReMMad. 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 shaft not operate to release. in any manner . the liability of the original Borrower and Borrowers successors in interest. Lender shaft not be required to commence proceedings against such successor or refuse to extend time for 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) Loodoes Powers. Without affecl.ag the liability of any other person liable for the payment of any obligation herein mentioned. and without affecting the Iten 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 and without notice (i) release any person so liable. !iil 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) take or feleaseany °Aber Or additional security for any obligation herein mentioned. or 1 vi j make compositions or Other arrangements with debtors in relation thereto (c) FoAwranee by Lender Not a Wslnr. Any forbearance by Lender In exercising any light or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy The procuremem of insurance or the payment of faxes 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) Snttessars and ATwigns Bound; Joint! ind SereM Wittety; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to. the respective successors and assigns of Lender and Borrower subpct to the provisions of paragraph 8 (e) hereof All covenants and agreements of Borrower shall be joint and". veraf The captions and headings of the paragra ohs Of Inis Deed of T rust are tot convenience only and are not lobe used to interpret or define the provisions hereof le) Request for Notleea. The parties hereby request that a copy of any notice Of default hereunder and a Copy Of any notice of sale hereunder be mailed to each party to this Deed of Trust at the address set forth above mine manner prescn bed by applicable law Except for any other notice required underapplicable law to brighten 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 shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 11) inspection. Lender may make Or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders interest tit the Property (9) ReCOrteeywwA. 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 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 shall pay all costs of recordation, if any. (h) PersoeMPnlpefiy.Smwrity AyfNmeDL As additional security forthe 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 decfa red or deemed to be apart of the ;eat estate secured hereby. shall be subject to a security interest in favor of the Lender under The Nebraska Uniform Commercial Code TIT s Instrument shall be construed as a 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 if) EaeMblNty. In the event That any provision of this Deea of Trust conflict with applicable law or are declared I r.valid or otherwise unenforceable. auch 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 be severable 13. This Section 13 to be completed ONLY if the Properly consists of agricuitura: real estate and is operative only if A or 8 is checked If applicable. complete EITHER A or B. O A- Hownefte& Borrower represents to Lender that no can of the Properly has located coon It a dwelling house user by Borrower as a residence Borrower further covenants with Lender that no dwelling house will be constructed or located upon the properly D B. Election of Homestead. Borrower hereby designates the property described -n Exhibit B attached hereto and incorporated herein by this reference as the homestead only for purposes of Section 76 -1519 of the Revised Statutes of the State of Nebraska. I r. the event Borrowers 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 Exh ibit 8 properly and the remaining Properly (both appraisals reflecting the redemption) Prepared and submitted by a real estate appraiser licensed .n the State of Nebraska which Lender may accept or reject: (2) it Lender rejects Borrowers appraisal, Lender shall submit an appraisal of the Exhibit 8 property and the remaining Property (both appraisals reflecting the redemption.) prepared and submitted by areal estate appraiser licensed in the State of Nebraska which Borrower may acceptor reject: (3) It Borrower rejects Lender's appraisal, the appraisers who have submitted appraisals shall select a third appraiser licensed in the State of Nebraska who shall prepare and submit an appraisal of the Exhibit 0 property and the remaining Property (both appraisals reflecting the redemption). These appraisals shall be binding upon Lender and Borrower for purposes of establ fishing the redemption price or value of the Exhibit B property and the value of the remaining properly for purposes of Section 76 -1518 and following of the Revised Statutes of the State Of Nebraska. In the event the sale Or other disposition of the unredeemed portion of ire Progeny Goes ncl satisfy the mtlebtedness secured by this Deed of Trust nothing contained in this Paragraph 13 shall constftutea waiverof or impair the Lender "s rights under Section 76 -1519 of the Revised Statutes of the Stateof Nebraska or otherwise. n ^ •- D :•;CUde � Borrower STATE OF NEBRASKA } 3orrower i ss COUNTYOF Hall- _ ) She foregoing Acknowledgement and Deed of Trust were acknowledged before me this 2.. day Of De CellbeC 19 8�? by Gene E DaMCUde and the Acknowledgement was signed first MBTAfIy -=ItMe fltiBe�aeey MARK 0. STELK ! ' NYC ft Ely. wf L 1li� -_ STATE OF NEBRASKA Notary Public } 55 COUNTY OF The foregoing Acknowledgement and Deed of Trust were acknowledged before me tries _ day of ___ _. _ __ ________ _ . 19 ___. by a _. --._.. _. corporation. on behalf of the corporation . and the Acknowledgement was signed first - _ - - - -- STATE OF NEBRASKA t Notary Publ.c 95 COUNTY OF The ton/9oing Acknowledgement and Deed of Tauit were acknowledged rmfore into M's _.. .',ay et - _ .. 19 .. by -. ..._.,_._.. Partner on behalf of and the Acknowtod9oment was si9rwd first "far- Pier. vonair +�ii1 +�.,