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a <br />MAR -30 -04 TUE 04:47 PM DA -LY REALTY FAX N0, 308 384 9647 P. 03 <br />200403169 <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured IA:bt, whedicr or not then due, at Beneficiary's option. Any application of proecuds to principal shalt not <br />extend or ptsipinc the due date of the scheduled payment nor change the amount of any payment. Any excess will be pakl <br />to the Grantor. if the Property is acquired by Beneficiary, Trustor's right to any insurance policies and prtxews resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary G) the extent of to Secured Debt immediately <br />Wort the aceprisition, <br />20. ISCROW FOR 'fARF.S AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required to pay to Be nt liciary funds for taxes and insurance in escrow. <br />21. FINANCIAL, REPOWI'S AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Traitor agrees to sign, deliver, and file any <br />additional documents or certifications that Denedieiary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under Hain Security Instrument and Beneficiary's lien sinus on the Property. <br />22. JOINT' AND INDIVIDUAL LiANII,ITY; CO- SiGNERS; SOCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrument are joint and individual. If Trustor sighs this Security Instrument but does not sign an evidence of <br />delft, Tntstor does so only to mortgage Trustor's interest in the Properly to secure payment of the Secured Debt and <br />Trustor does mt agree to be personally liable on the Secured Debt. If this Security instrument secures a guaranty between <br />Berefn:iary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trlaurr or any party indebted under die obligation. 'these rights may include, but are not limited to, any <br />anti - deficiency or out:- action laws. Trustor agrees that Denefieiary and any party to this Security Instrument may exteul, <br />mtatify or make any change in the terms of this Security instrument or any evidence of debt without Trustor's consent. <br />Such a change will not n!case Trustor from die terms of this Security loslnomem. The defies and benefits of this Security <br />Instrument shall bird and benefit the successors and assigns of Trustor and Beneficiary. <br />23. ATPLICATILIs LAW; SEVERAIIII,rl'Y; INTI ?RPiIETATION. This Security Instrument is governed by the laws of the <br />jurisdiclion in which Beneficiary is located, except to die extent otherwise required by the laws of the jurisdiction where <br />the Pruporiy is located. This Security Instrument is complete and frilly integrated. This Security instrument may not be <br />amrnded or nudifral by oral agreement. Any section in this Security Insmimunt, attachments, or any agreement related to <br />the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that <br />section will be severed anti will not affect the enforceability of the remainder of this Security Instrument. Whiamer used, <br />the singular shall include the plural and the plural the singular. The captlons and headings of the suctions of this Security <br />instrument are fur amvcnience only and are not to be used to interpret or define the terns of this Security Instrument. <br />Time is of the essence in this Security Instrument. <br />24. SIICCIESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from rime: to time remove Trustee and appoint a <br />stuxessor trustee wnhuurt any other formality than the designation in writing. The successor trustee, without conveyance of <br />the Property, shall suoaretl to all the title, Power and duties conferred upon Trustee by this Security lnctniment and <br />applicable law. <br />25. NOTICf,. ilnless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. <br />Notice to one trustor will be dammed to be notice to all ttustors, <br />26. WAIVFRS. rxu:pt to the extent prohibited by law, Trustor waives all appraixemcm and homestead exemption rights <br />relating to the Property. <br />27. OTHER TRUMS. If checked, the following are applicable to this Sctairily instrument: <br />❑ Line of Credit, The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may W <br />reduced to a ycro balance, this Security instrument will remain in effect until released. <br />❑ Construction Loan. This Semirity Instrument secures an oldigaiion incurred for the construction of an impmvcmetu <br />on the Property. <br />fl Fixture Filing. Tr sior grants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br />anti that are or will become fixtures related to the Property. This Security Instrument suffices AN a financing <br />statement anti any carbon, pliolographic or other reproduction may be foal of record for purposes of Article 9 of the <br />Uniform Commercial Cidle. <br />© Riders. The covenants and agreements of each of the riders checked below are incorporattxl into anal supplement aml <br />amend the terms of this Security Istrtsntatt, (Check all applicable boxes) <br />D Condominium Rider ❑ Planned Unit Mvelopmcnt hider ® Other AALLORNInER .................................. <br />L ".1 Additional Tertns. <br />SiIGNATURKSa By sighing below, Trustor agrees to the terms and cove ratithr in his Security Instrument and in any <br />attachmerW - ustor al acknwwltd s rtxeipt of a copy of this Security Inst ry 'W on the date ta4xl on page 1. <br />O.B.T tl t:. -' <br />...... ....... .......... f..... .. . Y <br />...................... ..........Y3�� <br />(Stalin CAS FY LIAMS, MANAGER IDare) (Sigaa c) MARTIN KERRIGAN, MANAGER (TAile) <br />ACKNOWLEDGMENT. �, <br />STA'ft? Of .... 5 .............. COUY -T-Y O Q <br />i. . /...: y <br />`° i"° ' This inN n nt wee acknowled ed before me this } s. <br />by <br />�+�...LGir k? �f .S.,..r!�!�!e4��rt ............. .�Il. ✓. ll' �al�,,. ....!rfGj� <br />My contra, expires: <br />................... <br />�-yM (M'wry Putdio <br />Eirr1G 01904 awikerz SyPMl11. arc., Lt. Cluud, NN Fx nr.OT.NE 1/3012002 (page 4 of 41 <br />6i:NE AL NOTARY . Sillbe of Nebraska <br />Illy Ctlnun EIS. Jule Z 2MB <br />