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200302956 Unless otherwise agreed in writing, all insurance pproceeds shall be applied to the restoration or repair of the Pr or to the Secured Debt, whether or not than due, at lienefrciary's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payymment nor change the amount of any payment. Any excess will be paid to the Grantor. If the Properly is acigired by Berreliciary, Trustor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the extent o the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be required to pay to Beneficiary funds fur taxes and insurance in escrow. 21. FINANCIAL REPORT'S AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial statement or information Beneficiary may deem reasonably necessary, I rstor agrees to sign, deliver, and file any additional documents or certifications that Beneficiary my consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Beneficiary s lien statue on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. M duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt, Truster 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 li¢ble on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trustor, 'Trustor agrees to waive any rig his that may prevent Heneficiazy from bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but are not limited to, any onit deficiency or one -acorn laws. Trustor agree s that Beneficiary and any party to this SecuriTy Instrument may cztrnd, modify or make any change in the terms of this Secm instrument or any evidence of debt with out 'l'rustor's consent. Such a change will not release Truster front the terms ofythis Security Instrument The duties and hnefits of this Seuurity Instrument shall bind and benefit [he successors and assigas of Trustor and Beneficial. 23. APPLICABLE LAW SEVERABILITV; INTERPRETATION. This Security Instrument is governed by the laws of the ]urbiliction in which ] Vneficiary is located, except to the extent otherwise required by the laws of the juristhction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. M section in this Security Instrument, attachments, or any agreement related to the 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, that section will be severed and will not a8'ect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it b first class mail to the appropriate party's address on page l of this Security Instrument, or to any other address design atedyin writing. Notice to one truster will be deemed to be notice to all trustors. 26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights relating to the Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: 0 Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. Q Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. 0 Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the future and that arc or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of rword for purposes of Article 9 of the Uniform Commercial Code. Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] E-1 Condominium Rider E--1 Planned Unit Development Rider = Other 0 Additional Terms. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. ��i� 31v�o3 i 4 %I x!03 ISi�uwe) CHARLES ROC€R OAKS (Dole) Is�x� mre) JOYCE D NOAKES (Datc) ACKNOWLEDGMENT: STATE OF Nebraska , COUNTY OF Hall _ !as. 'hI this instrument was acknowledged before me this4th _ day of March 20 by CHARLES ROGER NOAKES, JOYCE _D NOAKES1 My commission expires: ° /TaR _If III GENERAL NOTARY Stele of Nebraska - lw,m,r euoacl JJ JOSEPH R. DODflOVOLNY My Comm. Up. Sept, 3, 2004 �rw.° 0 1444 emkeM1 systemi, Inc.. 5t Cloud, MN (1 800 -397 2a41) lmm ARE D I -NE I MW (pone 4 of 4% - Cl651NEf (9909).02