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, <br /> 98— ic���s4 <br /> Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property <br /> or to the Secured Debt,whether or not then due,at Lender's option.Any application of proceeds to principal shall not <br /> extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be <br /> paid to the Grantor. If the Property is acquired by Lender, Grantor's right to any insurance policies and proceeds <br /> resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt <br /> immediately before the acquisition. <br /> 20. ESCROW FOR TAXES AND INSURANCE.Unless otherwise provided in a separate agreement, Grantor will not <br /> be required to pay to Lender funds for taxes and insurance in escrow. <br /> 21. FINANCIAL REPORTS AND ADDTTIONAL DOCUMENTS. Grantor will provide to Lender upon request, any <br /> financial statement or information Lender may deem reasonably necessary. Grantor agrees to sign, deliver, and file <br /> any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve <br /> Grantor's obligations under this Security Instrument and Lender's lien status on the Property. <br /> 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties <br /> under this Security Instrument are joint and individual. If Grantor signs this Security Instrument but does not sign an <br /> evidence of debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the <br /> Secured Debt and Grantor does not agree to be personally liable on the Secured Debt. If this Security Instrument <br /> secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from <br /> bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include,but <br /> are not limited to, any anti-deficiency or one-action laws. Grantor agrees that Lender and any party to this Security <br /> Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt <br /> without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The <br /> dutie's and benefits of this Security Instrument shall bind and benefit the successors and assigns of Grantor and Lender. <br /> 23. APPLICABLE LAW;SEVERABILITY;INTERPRETATION.This Sccurity lnstrument is governed by the laws of <br /> the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction <br /> where the Property is located.This Security Instrument is complete and fully integrated.This Security Instrument may <br /> not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any <br /> agreement related to the Secured Debt that conflicts with applicable law will not be effective,unless that law expressly <br /> or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced <br /> according to its terms, that section will be severed and will not affect the enforceability of the remainder of this <br /> Security Instrument. Whenever used,the singular shall include the plural and the plural the singular.The captions and <br /> headings of the sections of this Security Instrument are far convenience only and are not to be used to interpret or <br /> define the terms of this Security Instrument Time is of the essence in this Security Instrument. <br /> 24. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br /> successor trustee without any other formality than the designation in writing. The successor trustee, without <br /> conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security <br /> Instrument and applicable law. <br /> 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class <br /> mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in <br /> writing.Notice to one grantor will be deemed to be notice to all grantors. <br /> 26. WAIVERS.Except to the extent prohibited by law,Grantor waives all appraisement and homestead exemption rights <br /> relating to the Property. <br /> 27. OTHER TERMS.If checked,the following are applicable to this Security Instrument: <br /> � Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt <br /> may be reduced to a zero balance,this Security Instrument will remain in effect until released. <br /> ❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an <br /> improvement on the Property. <br /> ❑ Fixture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the <br /> future and that are or will become fixtures related to the Property. This Security Instrument suffices as a <br /> financing statement and any carbon, photographic or other reproduction may be filed of record for purposes <br /> of Article 9 of the Uniform Commercial Code. <br /> ❑ Riders. The covenants and agreements of each of the riders checked below are incorporated into and <br /> supplement and amend the terms of this Security Instrument. [Check all applicable boxes] <br /> ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Other .......................................................... <br /> ❑ Additional Terms. <br /> SIGNATURES:By signing below, Grantor agrees to the terms and covenants conlained in this Sccurity Instrument and in <br /> any attachments. Grantor also acknowledges receipt of a copy of this Security Instrumcnt on thc date stated on page l. <br /> ....... .. .. .. � , . <br /> • �//"/ <.l./.....�.. ,w5/14/98 .............�ti�2.c�. ��n����.� 05/14/98 <br /> (Signature) . .. ........... ....... . ...................................... <br /> MICHAEL L ENG SH (Date) (Signature) BARBARA L ENGLISH (�aee) <br /> ACKNOWLEDGMENT: <br /> STATE OF.....NEBRASKA................................. .COUNTY OF..........HALL��........................... . } ss. <br /> (Individual) This instrument was acknowledged before me this.....14TH 1t��t�•�• <br /> b HICNABL L ENGLISH AHD BARBAflA L EH6I,ISH, HUSBAND AN� WIFE """'•day of ............................................................. <br /> y.......:......................................................................................................... <br /> .. ............................................................... . <br /> y commission expires: <br /> (Seal) ......................... ..... . .... <br /> ............... . .................... <br /> III �ENERAI NOTARY•Stale of Neb►aska (Notar „bi;�� <br /> GARY A.KISER <br /> My Comm.Eap.July 9,2000 <br /> �1994 Bankers Systems,Inc.,St.C�oud,MN (t•800-397-2341) Form RE-DT-NE 8/8/94 <br /> (page 4 of 4) <br />