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200302957 Unless otherwise agreed in writing, all insurance pro ty ceeds shall be applied to the restoration or repair of the Pr er or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled pa .rent nor change the amount of any payment. Any excess will be paid to the Grantor. If the Property is acquired by Benficiary, Trustor s right to any insurance olmms and proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the extent Wtthe Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Truster will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Traitor will rovide to Beneficiary upon request, any financial statement or information Beneficiary may deem reasonably necessary. TpDialer agrees to sign, deliver, and file any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Beneficiary s lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILTPY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt, Trustor does so only to mortgage Trustor's interest in the Pro ty to secure payment of the Secured Debt and Trustor does not agrce to be personally liable on the Secured Debt. Ittlus Security Instrument secures a guaranTy between Beneficiary and Trusmr, Truster agrees to waive any ri¢]rts that may prevent Beneficiary from bringing any action or claim against Traitor or any party indebted under the obi6anon. These rights may include, but are not limited to, an anb -de tTenoy or one - achon laws. Truster agreee that Beneficiary and any party to this Security Instrument mey extend, modify or make any change m the terms of this Security Instrument or any evidence of debt without Trus[or's consent. Such a change will not release Truster from the terms of [his Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit [he successors and assigns of Trusmr and Beneficial. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the �urisdiction in which Beneficiary is located, except to the extent otherwise required byy the laws of the jurisdiction where the roperty is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any 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 affect 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 designauon 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 by first class mail to the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. Notice to one hustor will be deemed to be notice to all trustors. 26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraiserrent 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 Seemed Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. Fixture Filing. Truster grants to Beneficiary a security interest in all goods that Grantor owns now or in the future and that are 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 record for purposes of Article 9 of the Uniform Commercial Code. 0 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] 0 Condominium Rider = Planned Unit Development Rider = Other 0 Additional Terms. SIGNATURES: By signing below, Tricolor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Tmstor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. (stgnamrc) CHARL 5 GER NOAKES (Date) (s;xa re) JOYCE D NOAKES (Harr) ACKNOWLEDGMENT STATE OF Nebraska , COUNTY OF Hall - )as. Final This instrument was acknowledged before me 0us4th day of Ma a 2003 by CHARLES ROGER _NOAKES. JOYCE D_NOAKES My commssion expires: III GENERAL NOTARY its of Nehaska ,1 (noiarr vme<7 JOSEPH fi. DOBNOVOLNY My Comm Fxp. Sept. 3, 2004 p 1994 amYwc 6rstams. Inc., St Cloud, MN 0.600.397 -2341) Form RE DT NE 1OR707 (page 4 of 4) (S- CIGHNE) (Ieoe).o2