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2oiooo9o7 declared or deemed to be a part of the real estate secured hereby. This 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; provided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation on, Lender's rights anal remedies under any other security agreement signed by Harrower or Trustor. (i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any mortgage, deed of trust, lease ar purchase coati act describing all or any part of the Property, or other contract, instrument or agreement constituting a lien or encumbrance against all or any part of the Property, (collectively, "Liens"), existing as of the date of this Deed of Trust, and that any and all existing Liens remain unmodified except as disclosed to Lender its Trustor's written disclosure of hens and encumbrances provided for herein. Trustor shad timely perform all of Trustor's obligations, covenants, representations and warranties under any and all existing or fixture Lie:as, shall promptly forward to Lender copies of all notices of default sent is connection with any and all existing or future Liens, and shall not without Lender's prior written consent in any manner modify the provisions of or allow any future advances under any existing or future liens. (j) Application of Payments. U~aless otherwise required by law, sunxs paid to Lender hereunder, including without liznitatian payments of principal and interest, insuxance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due and owing from Txustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severability. If any provision of this Deed of Trust conflicts with applicable law or is 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 this Deed of Trust and the Note are declared to be severable. (1) Terms_ The terms "Trustar" and "Borrower" shall include both singular and plural, and when the Tiustor and Borrower are the sana~e person(s), those teams as used in this Deed of Trust shall be interchangeable. (m) Governing Law. This Deed of Trust shall be governed by the laws of the State ofNebraska. Trustor has exe ~ this De d of Trust as of the date written above. ~~ Trustor ohn H. Swanson Trustor Dea a J. Swanson Trustor. Trustor STATE OF NEBRASKA. COUNTY OF L, r~ The foregoing Deed of Trust was acknowledged before me this day of , „ .. ~ ~ ~ by a J. Swanson husband and ife , Notary GEN~,RAL NOTARY • State D1 Nebreske DIANA ~NCatAND My Comm. Fxp. April 26, 2012 STATE Ob' NEBRASKA COUNTY OF The foregoing Deed of Trust was~rcknowledged before ~e dais day of by of Corporation. Please return to: Nebraska Energy Federal Credit Union 1414 15th Street, PO Sox 499 Columbus, NE 68602-0499 200 a Corporation, on behalf of the Notary Public