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200304261 <br />D. Truster shall immediately notify Beneficiary in writing as soon as Truster has reason to believe.there is any pending or <br />threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the <br />violation of any Environmental Law. <br />18. CONDEMNATION. Truster will give Beneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase or lake any or all of the Property through condemnation, eminent domain, or any other means. Truster <br />authorizes Beneficiary to intervene in Truster's name in any of the above described actions or claims. Tmstor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of <br />the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument This <br />assignment of proceeds is subject to the terms of any prior mortgage, deed of cost, security agreement or other lien document. <br />19. INSURANCE. Tmstor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods <br />that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Tmstor subject to Beneficiary's <br />approval, which shall not be unreasonably withheld. If'frustor fails to maintain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terms of this Security <br />Instrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, where <br />applicable, "loss payee clause." Tmstor shall immediately notify Beneficiary of cancellation or termination of the insurance. <br />Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Tmstor shall immediately give to <br />Rcneficiary all receipts of paid premiums and renewal notices. Upon loss, Tmstor shall give immediate notice to the insurance <br />carrier aril Beneficiary. Beneficiary may make proof of loss if not made immediately by Tmstor. <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to The <br />Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not extend or <br />postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Tmstor. <br />If the Property is acquired by Beneficiary, Tmstor's right to any insurance policies and proceeds resulting from damage to the <br />Properly before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Truster will not be required <br />to pay to Beneficiary funds for taxes and insurance in escrow. <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Tmstor will provide to Beneficiary upon request, any financial <br />statement or information Beneficiary may deem reasonably necessary. Tmstor agrees to sign, deliver, and file any additional <br />documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Truster's obligations under <br />this Security Instrument and Beneficiary's lien stains on Ore Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this <br />Security Instrument are joint and individual. If Tmstor signs this Security Instrument but does not sign an evidence of debt, <br />Tmstor does so only to transfer, mortgage and convey Truster's interest in the Property to secure payment of the Scoured Debt and <br />Tmstor does not agree to be personally liable on the Secured Debt If this Security instnunent secures a gummy between <br />Beneficiary and Tmstor, Tmstor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against <br />Tmstor or any party indebted under the obligation. These rights may include, but are not limited to, any anti - deficiency or one- <br />action laws. Tmstor agrees that Beneficiary and mw party to this Security InsWment may extend, modify or make any change in <br />the terms of this Securty Instrument or any evidence of debt without Truster's consent. Such a change will not release Tmstor <br />from the terms of this Security instrument. The duties and benefits of this Security Instrument shall bind and benefit the <br />successors and assigns of Tmstor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the <br />jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or <br />modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt <br />that conflicts with applicable law will not be effective, unless that law expressly or impfiedly permits the variations by written <br />agreement If any section of (his Security Instrument cannot be enforced according to its terms, that section will be severed and <br />will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural <br />and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are <br />not to be used to interpret or define the terms of this Security Instrument 'I'ime is of the essence in this Security Instrument. In the <br />event any section in this Security Instrument directly conflicts with any section of a certain Home Equity Closing Handbook which <br />contains the F.quityl-inc Account Agreement Terms and Conditions (as applicable), Fixed Rate Note Terms and Conditions (as <br />applicable), the Arbitration Agreement, and the Agreement to Provide Flood/Property Insurance, all of which Tmstor agrees to by <br />signing this Security Instrument, the terms of the Home Equity Closing Handbook shall control. <br />24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor <br />trustee without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, <br />shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. <br />NEDRASKA- DEEDOFTRUS'r Mp s I <br />FQ12]F. (06/2002) IV <br />