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20100289 declared ox 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 xemedies of a secured patty undex said Code iu addition to the rights and remedies created under and accorded the Lender pursuant to this Deed of Trust; pravided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a limitation an, Lender's rights and remedies under any ather security agreement signed by Boxrower or Trustor. (i) Liens anal Encumbrances. Trustor hereby waxrants and xepresents that there is no default under the pxovisions of any mortgage, deed of trust, lease or purchase contract 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 sand all existing Liens remain unmodi~ted except as disclosed to r,onder in Trustor's written disclosure of liens and encumbrances provided for herein. Trustar shall timely perform. all of Trrxstox's obligations, covenants, representations and waxrauties under any and all existing or future Liens, shall promptly forward to Lendex copies of all notices of default sent in connection with any and all existing or future Liens, and shall not without bender'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. Unless othexwise required by law, sums paid to Lender hereunder, including without limitation payments of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to the amounts due atzd owing from Trustor and Borrower in such order as Lender in its sole discretion deems desirable. (k) Severability. If any pxovision o£ this Deed of Trust conflicts with applicable law or is declazed invalid ox otherwise unezxforceable, 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 Nate are declaxed to be severable- (1) Terbas. The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borxower aze the same person(s), those terms 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 of Nebxaska. Txus r executed this Dee f Trust as of the date written above. Z ~ Trustor Christine L. Durand Trustor ~~ Trustor enneth C. Durand Trustor STATE OF NEBRASI COUNTY OF The foregoing Deed of Trust was acknowledged before me this ~ 7 day of~~ __ 2010 by Christine. L. Durand and Kenneth C. Durand;,wi1'e and husband , Ala. NOTAgY - Spa a ~e~ _~~CI~~G~~t q,__~`~ ~~~ BERGOR~J Notary Public My Comm. E~. April 5, 2013 STATE OF NEBRASKA COUNTY OF The-foregoing Deed a£ T'rust_~zas acknowledged before. me this _ . day of _.. _ . _ ~ 2Q10 _. _ . by of Corporation. a Corporation, on behalf of the Notary Public Please return to: Nebraska Energy Federal Credit Union 1414 15th Street, PO Box 499 Columbus, NE 68602-0499