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<br />;"- <br /> <br />-~ <br /> <br />200809776 <br /> <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any <br />obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon any portion of the <br />Property not then or theretofore released as a security for the full amount of all unpaid obligations, Lender may, from <br />time to time and without notice, (i) release any person so liable; (ii) extend the maturity or alter any of the terms of any <br />such obligations; (iii) grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any <br />time at Lender's option any parcel, portion or all of the Property; (v) take or release any other or additional security for <br />any obligation herein mentioned; or (vi) make compositions or other arrangements with debtors in relation thereto. <br /> <br />(c) Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or <br />remedy hereunder or otherwise afforded by applicable law shall not be a waiver of, or preclude the exercise of, any such <br />right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be <br />a waiver of Lender's right to accelerate the tp.aturity of the indebtedness secured by this Deed of Trust. <br /> <br />(d) Successors and Assigns Bound: Joint and Several Liability: Captions. The covenants and <br />agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of <br />Lender and Trustor. All covenants and agreements of Trustor shall bejoint and several. The captions and headings of <br />the paragraphs ofthis Deed of Trust are for convenience only and are not to be used to interpret or define the provisions <br />hereof. <br /> <br />(e) Reauest for Notices. The parties hereby request that a copy of any notice of default hereunder <br />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 in <br />the manner prescribed by applicable law. Except for any other notice required under applicable law to be given in <br />another manner, any notice provided for in this Deed of Trust shall be given by mailing such notice by certified mail <br />addressed to the other parties, at the address set forth above. Any notice provided for in this Deed of Trust shall be <br />effective upon mailing in the manner designated herein. If Trustor is more than one person, notice sent to the address <br />set forth above shall be notice to all such persons. <br /> <br />(f) Insoection. Lender may make, or cause to be made, reasonable entries upon and inspections of the <br />Property, provided that Lender shall give Trustor notice prior to any such inspection specifying reasonable cause <br />therefor related to Lender's interest in the Property. <br /> <br />(g) Reconvevance. Upon payment of all sums secured by this Deed of Trust, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured <br />by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person <br />or persons legally entitled thereto. Trustor shall pay all costs of recordation, if any. <br /> <br />~:. <br /> <br />(h) Personal Prooertv: Security Agreement. As additional security for the payment of the Note, <br />Trustor hereby grants Lender, under the Nebraska Uniform Commercial Code, a security interest in all fixtures, <br />equipment and other personal property used in connection with the real estate or improvements located thereon and not <br />otherwise declared or deemed to be a part of the real estate secured hereby. This instrument shall be construed as a <br />Security Agreement under said Code, and the Lender shall have all the rights and remedies of a secured party under said <br />Code in addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust, <br />provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, <br />Lender's rights and remedies under any other security agreement signed by Borrower or Trustor. <br /> <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under <br />the provisions of any mortgage, deed of trust, lease or purchase contract describing all or any part of the Property, or <br />other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property <br />(collectively, "Liens") existing as of the date of this Deed of Trust, and that any and all existing Liens remain <br />unmodified except as disclosed to Lender in Trustor's written disclosure of liens and encumbrances provided for herein, <br />Trustor shall timely perform all of Trustor's obligations, covenants, representation and warranties under any and all <br />existing and future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or <br />allow any future advances under any existing or future Liens. <br /> <br />(j) Application of Pavments. Unless otherwise required by law, sums paid to Lender hereunder, <br />including, without limitation, payments of principal and interest, insurance proceeds, condemnation proceeds and rents <br />and profits, shall be applied by Lender to the amounts due and owing from Trustor and Borrower in such order as <br />Lender in its sole discretion deems desirable. <br /> <br />(k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is declared <br />invalid or 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 Deed of <br />Trust and the Note are declared to be severable. <br /> <br />(I) Terms. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the <br />Trustor and Borrower are the same person(s), those terms as used in this Deed of Trust shall be interchangeable, <br /> <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 />4 <br />