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200009617 <br />29. 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 />30. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to arbitration any dispute, claim or other <br />matter in question between or among Lender and Grantor that arises out of or relates to this Transaction <br />(Dispute), except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For <br />purposes of this section, this Transaction includes this Security Instrument and any other documents, <br />instruments and proposed loans or extensions of credit that relate to this Security Instrument. Lender or <br />Grantor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. <br />Lender and Grantor must consent to arbitrate any Dispute concerning a debt secured by real estate at the time <br />of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing <br />a debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the debt secured <br />by this real property and underlying the Dispute before, during or after any arbitration. <br />Lender or Grantor may seek provisional remedies at any time from a court having jurisdiction to preserve the <br />rights of or to prevent irreparable injury to Lender or Grantor. Foreclosing or exercising a power of sale, <br />beginning and continuing a judicial action or pursuing self -help remedies will not constitute a waiver of the right <br />to compel arbitration. <br />The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, <br />whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. <br />The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not <br />arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's <br />award. The judgment or decree will be enforced as any other judgment or decree. <br />Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the <br />agreements or transactions between and among Lender and Grantor involve interstate commerce. The United <br />States Arbitration Act will govern the interpretation and enforcement of this section. <br />The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this Security <br />Instrument, will govern the selection of the arbitrator and the arbitration process, unless otherwise agreed to in <br />this Security Instrument or another writing. <br />31. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties have the right or <br />opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes <br />through arbitration instead of litigation. If any Dispute is arbitrated, Lender and Grantor voluntarily and <br />knowingly waive the right to have a trial by jury or judge during the arbitration. <br />SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. <br />Grantor also acknowledges receipt of a copy of this Security Instrument. <br />GRAN R: <br />an imonson <br />Lynn M Simonson <br />ACKNOWLEDGMENT. <br />(Indivi ual) <br />0F� CzLo", OF SS. <br />This instrument was acknowledged before me thisO a 7 day of <br />by Bryan J Simonson, Husband, and Lynn M Simonson, Wife. <br />My commission expires: <br />(Notary Public) <br />III GENERAL NOTARY-State of Nebraska <br />BONNIE L. ARNOLD <br />My Comm. Exp. March 15, 2001 <br />Bryan J Simonson <br />Nebraska Deed Of Trust Initia <br />IAI3352C106E1000000000000001200000013n9 °1996 Bankers Systems, Inc., St. Cloud, MN 1 age 5 <br />