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20010250'7 nless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to .e Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not :tend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be ppaid the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resultin€ om damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediatel} ,fore the acquisition. SCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be quired to pay to Beneficiary funds for taxes and insurance in escrow. 1. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, an) financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file an) additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor' obligations under this Security Instrument and Beneficiary's lien status on the Property. X22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under is Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt, Trustor does so only to mortgage Trustor' s interest in the Property to secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty betweer Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or clain against Trustor or any party indebted under the obligation. These rights may include, but are not limited to, an ti- deficiency or one - action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend odify or make any change in the terms of this Security Instrument or any evidence of debt without Trustor's consent. Such a change will not release Trustor from the terms of this Security Instrument. The duties and benefits of this Security nstrument shall bind and benefit the successors and assigns of Trustor and Beneficial. 23. (APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the urrsdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where thE roperty is located. This Security Instrument is complete and fully integrated. This Security Instrument may not bl ended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related tc he Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, tha section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used he singular shall include the plural and the plural the singular. The captions and headings of the sections of this Securit, j Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Timr is of the essence in this Security Instrument. UCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint tccessor trustee without any other formality than the designation in writing. The successor trustee, without conveyance o. to Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument an( rnlicable law. )TICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Not one mistor will be deemed to be notice to all trustors. RIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption dating to the Property. TERMS. If checked, the following are applicable to this Security Instrument: ® Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may reduced to a zero balance, this Security Instrument will remain in effect until released. Construction Loan. This Security Instrument secures an obligation incurred for the construction of improvement on the Property. Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the fat and that are or will become fixtures related to the Property. This Security Instrument suffices as a financ: statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 the Uniform Commercial Code. 0 Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplem and amend the terms of this Security Instrument. [Check all applicable boxes] = Condominium Rider 0 Planned Unit Development Rider 0 Other Additional Terms. .TURFS: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in an tents. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. C C`� - - - -- ------------------------ e) PATRICK D POWERS (Date) (Signature) GERALYN C POWERS (vat STATE OF _ --- - _ __ NEBRAS_KA _ _ _ _ _ COUNTY OF -HALL This instrument was acknowledged before me this 21 s day of - MARCH, 2001 by _ _ - PATRICK D ._ - POWERS- AND_ GERALYN- C. _ POWERS -, HUSBAND _AND. -WIFE My commission expires: GENERAL WT_ARy -State 04 N*uka M. Public) CATHERINE J..SHU D� F My Comm. Exp = 1 1994 Bankers Systems, Inc., St. Cloud, MN (1.800- 397 -2341) Form RE -DT -NE 10127/97 (page 4 of CI65(NE) (9808)