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. � <br /> A- <br /> 1t��1Q2 <br /> Unless otherwise agreed in writing, all insurance proceeds sha11 be applied to the restoration or rep r 2Sf the Property or to <br /> the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not <br /> e�ctend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br /> to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurancepo licies and proceeds resulting <br /> from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately <br /> before the acquisition. <br /> 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a sepazate agreement, Trustor will not be <br /> required to pay to Beneficiary funds for ta�tes and insurance in escrow. <br /> 21. FINANCIAL REPORTS AND ADDITIONAL DOCiTMENTS. Trustor will provide to Beneficiary upon request, any <br /> financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any <br /> additional documents or certifications that Benefic;ary may consider necessary to perfect, continue, and preserve Grantor's <br /> obligations under this Security Instrument and Beneficiary's lien status on the Property. <br /> 22. JOINT AND INDIVIDUAL LIABILITY? CO-SIGNERS; SUCCESSORS AND ASSIGNS BOiJND. All duties under <br /> this Security Instrument are joint and individual. If Trustor signs this Secwity Instrument but does not sign an evidence of <br /> debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor <br /> does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br /> Beneficiary and Trustor, Trustoragrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br /> against Trustor or any �arty indebted under the obligation. These rights may include, but are not limited to, any <br /> anti-deficiency or one-achon laws. Trustor agrees that Beneficiary and any party to tlus Security Instrument may extend, <br /> modify or make any change in the terms of this Security Instrument or any evidence of debt wrthout Trustor's consent. <br /> Such a change will not release Trustor from the terms of this Security Instrument. The duties and benefits of this Security <br /> Instrument shall bind and benefit the successors and assigns of Trustor and Beneficial. <br /> 23. APPLICABLE LAW; SEVERABILITY• INTERPRETATION. This Security Instrument is governed by the laws of the <br /> �urisdiction in which Beneficiary is locatec�, except to the extent otherwise required by the laws of the�urisdiction where the <br /> roperty is located. This Securrty Instrument is complete and fully integrated. This Secwity Instrument may not be <br /> amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to <br /> the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or imphedly permits the <br /> vaziations by written agreement. If any section of this Security Instrument cannot be enforced according to rts terms, that <br /> section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, <br /> the singular sha11 include the plural and the plwal the singular. The captions and headings of the sections of this Secwity <br /> Instrument aze for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time <br /> is of the essence in this Security Instrument. <br /> 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br /> successor trustee without any other formality than the designahon m wrrtmg. The successor trustee, without conveyance of <br /> the Property, sha11 succeed to all the title, power and duties confened upon Trustee by this Security Instrument and <br /> applicable law. <br /> 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it b first class mail to <br /> the appropriate party's address on page 1 of this Securrty Instrument, or to any other address designate�in writing. Notice <br /> to one trustor wnll be deemed to be notice to a11 trustors. <br /> 26. WAIVERS. Except to the extent prohibited by law, Trustor waives a11 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 may be <br /> reduced to a zero balance, this Security Instrument will remain in effect until released. <br /> 0 Construction Loan. This Security Instrument secures an obligation incurred for the construction of an <br /> improvement on the Property. <br /> 0 Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br /> and that are or will become fixtures related to the Property. This Secwity Instrument suffices as a financing <br /> statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of <br /> the Uniform Commercial Code. <br /> �Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement <br /> and amend the terms of this Security Instrument. [Check all applicable boxes] <br /> � Condominium Rider 0 Planned Unit Development Rider 0 Other <br /> ------------------ <br /> 0 Additional Terms. <br /> SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br /> attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br /> � _.__... r//� � /� � <br /> y . ` � '�-S/� __ 05/12/99 <br /> ---- --- --------- 05/12�99 ----- . <br /> (sig 're) JAMES P PETERSEN (vate) (Signature) D BRA E PETERSEN (Date) <br /> ACKNOWLEDGMENT: <br /> STATE OF NEBRASKA , COiJNTY OF _____HALL }ss. <br /> --------------------- 12TH MAY 1999 <br /> �'°di"�'a'� This instrument was acknowledged before me this da of__________________ <br /> ---------- y <br /> by __________ JAME3 P PETERSEN and DEBRA E PE R$EN HUSBAND AND_WIE'E _________ . <br /> ----------------------- -----------,- -- <br /> My commission expires: ' <br /> -----_._. <br /> -- -- <br /> --- --- <br /> ��� ENERAI N01ARY•S1ale ol Nebreska ub�;�� <br /> TERRI L.NIEMOTH <br /> My Comm.Exp.1uly 15,2000 <br /> 0 1994 Bankera Systema,Inc.,St.Cloud,MN(1-800-397-2341) Form RE-DT-NE 10/27/97 (p8g@ 4 0/4) <br /> �-C165(Nq(aeoe�.08 <br />