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the Funds.
<br />deduction.
<br />200107578
<br />That accounting must show all additions to and deductions from the Funds and the reason for each
<br />Lender may not charge Grantor for holding or keeping the Funds, for using the Funds to pay Escrow Items, for
<br />analyzing Grantor's payments of Funds, or for receiving, verifying and totaling assessments and bills. However,
<br />Lender may charge Grantor for these services if Lender pays Grantor interest on the Funds and if the law
<br />permits Lender to make such a charge. Lender may require Grantor to pay a one -time charge for an
<br />independent real estate tax reporting service used by Lender in accordance with the Secured Debts, unless
<br />applicable law provides otherwise. Lender will not be required to pay Grantor any interest or earnings on the
<br />Funds unless either (i) Lender and Grantor agree in writing, at the time Grantor signed this Security Instrument,
<br />that Lender will pay interest on the Funds; or (ii) the law requires Lender to pay interest on the Funds.
<br />If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender will account to
<br />Borrower for the Excess Funds in accordance with the requirements of applicable law. If the amount of the
<br />funds held by Lendel' at any time is not sufficient to pay the Escrow Items when due, Lender may notify
<br />Borrower in writing, and, in such, case, Borrower will pay to Lender the amount necessary to make up the
<br />shortage or deficiency. Borrower shall make up the shortage or deficiency as Lender directs, subject to the
<br />requirements of applicable law.
<br />When Grantor has paid all of the sums secured, Lender will promptly refund to Grantor any Funds that are being
<br />tteW by Lend. if, as a- result -of tKe—exercls� –e -by Lender of any of its rights under this Security Instrument,
<br />either Lender acquires the Property or the Property is sold, then immediately before the acquisition or sale,
<br />Lender will use any Funds which Lender is holding at the time to reduce the sums secured.
<br />19. CO- SIGNERS. If Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does
<br />so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does
<br />not agree to be per§onally liable on the Secured Debts. If this Security Instrument secures a guaranty between
<br />Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or
<br />claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited
<br />to, any anti - deficiency or one - action laws.
<br />20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a
<br />successor without any other formality than the designation in writing. The successor trustee, without
<br />conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this
<br />Security Instrument and applicable law.
<br />21. OTHER TERMS. The following are applicable to this Security Instrument:
<br />A. Additional Terms. "The Loan secured by this lien was made under a United States Small Business
<br />Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the
<br />United States is seeking to enforce this document, then under SBA regulations: a) When SBA is the holder
<br />of the Note, this document and all documents evidencing or securing this Loan will be construed in
<br />accordance with federal law. b) Lender or SBA-may use local or state procedures for purposes such as filing
<br />papers, recording documents, giving notice, foreclosing liens, and othe rpurposes. By using these
<br />procedures, SBA does not waive any federal immunity from local or state control, penalty, tax or liability.
<br />No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of
<br />Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring
<br />arbitration is not enforceable when SBA is the holder of the Note secured by this instrument."
<br />22. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, except to the extent
<br />otherwise required by the laws of the jurisdiction where the Property is located, and the United States of
<br />America.
<br />23. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
<br />Instrument are independent of the obligations of any other Grantor. Lender =may sue each Grantor individually or
<br />together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated
<br />under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument
<br />will bind and benefit the successors and assigns of Lender and Grantor.
<br />24. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or
<br />modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made
<br />in writing and executed by Grantor and Lender. This Security Instrument is the complete and final expression of
<br />the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision
<br />will be severed and the remaining provisions will still be enforceable.
<br />25. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The
<br />section headings are for convenience only and are not to be used to interpret or define the terms of this
<br />Security Instrument.
<br />26. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any
<br />notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the
<br />DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed
<br />to be notice to all parties. Grantor will inform Lender in writing of any change in Grantor's name, address or
<br />other application information. Grantor will provide Lender any financial statements or information Lender
<br />requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor
<br />agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary
<br />to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's
<br />lien status on any Property. Time is of the essence.
<br />Michael's Formal Wear Partners
<br />Nebraska Deed Of Truat
<br />NE/ 4sscanlan00505900003326055072301Y
<br />01996 Bankers Systems, Inc., St. Cloud, MN Ex�
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