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<br />20050953G <br /> <br />party under said Code in addition to the rights and remedies created under and accorded the Lender <br />pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall be <br />cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security <br />agreement signed by Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the <br />provisions of any mortgage, deed of trust, lease or purchase contract describing all of any part of the <br />Property, or other contract, instrument or agreement constituting a lien or encumbrance against all of any <br />part of the Property (collectively "Liens"), existing as of the date of this Deed of Trust and that any and all <br />existing Liens remain unmodified except as disclosed to Lender in Trustor's written disclosure of liens and <br />encumbrances provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants, <br />representations and warranties under any and all existing and future Liens, shall promptly forward to <br />Lender copies of all notices of default send in connection with any and all existing or future Liens, and shall <br />not without Lender's prior written consent in any manner modify the provisions of or allow any future <br />advances under any existing or future Liens. <br />(j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including <br />without limitation, payments of principal and interest, insurance proceeds, condenmation proceeds and <br />rents and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in <br />such order as lender in its sole discretion deems desirable. <br />(k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared invalid or <br />otherwise unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust <br />or the Note which can be given effect without the conflicting provision, and to this end the provisions of this <br />Deed of Trust and the Note are declared to be severable. <br />(I) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor <br />and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable. <br />(m) Governing Law. This Deed of Trust shall be governed by the laws of the State of Nebraska. <br /> <br />Trustor has executed this Deed of Trust as of the date written above. <br /> <br />Ji7!L--- <br /> <br /> <br />STATE OF NEBRASKA ) <br /> <br />COUNTY OF AVA-f'V\S" ) <br /> <br />The foregoing Deed of Trust with Future Advances was acknowledged before me this2>utday of ~~ <br />Joel W. Lee and Deborah K. Lee, husband and wife. <br /> <br />) <br /> <br />......- <br />, 20D 1; , by <br /> <br />(~~.Jitt <br /> <br />Notary Public <br /> <br />My commission expires: <br /> <br />rW-~/3, UZJ0 <br />, <br /> <br /> <br />GENERAl.. NOTARY. Stale 01 Nebraska <br />RICHARD C. WITT <br />My comm. Exp. Oct. 13, 2.006 <br />