|
200304815
<br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor 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 />19. CONDEMNATION. Truster will give Beneficiary prompt notice of any pending or threaleacil action, by private or public
<br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Truslor
<br />authorizes Beneficiary to intervene in Truslor's name in any of the above described actions or claim. 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 pan 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, decd of trust, security agreement or other lien document.
<br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, the0 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 Trustor subject to Beneficiary's
<br />approval, which shall not be unreasonably withheld. If Truster fails to maintain the coverage described above, Beneficiary may, al
<br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Properly according to the terns of this Security
<br />li r nient.
<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." Twister 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, Trustor shall immediately give to
<br />Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Tmstor shall give immediate notice to the insurance
<br />carrier and Beneficiary . Beneficiary may make proof of loss if not made immediately by Trustor.
<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 Trustor.
<br />If the Property is acquired by Beneficiary, Tolson 's right to any insurance policies and proceeds resulting from damage to the
<br />Property 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. Truster will provide to Beneficiary upon request, any financial
<br />statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional
<br />documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Trustor's obligations under
<br />this Security Instrument and Beneficiary's lien status on the 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 Trustor signs this Security Instrument but does not sign an evidence of debt,
<br />Trustor does so only to transfer, mortgage and convey Toaster's interest in the Property to secure payment of the Secured Debt and
<br />Trustor does not agree to be personally liable on the Secured Debt If [his Securily instrument secures a guaranty between
<br />Beneficiary and 'I'oastor, Truster agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against
<br />Trustor 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 any party to this Security Instrument may extend, modify or make any change in
<br />the terms of this Security Tnslmmenl or any evidence of debt without Toaster's consent. Such a change will not release '1'rustor
<br />from the femis of ibis Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the
<br />successors and assigns of'I'oastor and Beneficiary.
<br />23. APPLICABLE LAW; SEVERABTLITY; INTERPRETATION. This Security Instrument is governed by the taws of the
<br />jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the
<br />Properly is located. This Security Instrument is complete and fully tmegrated. This Security Instrument may not be amended or
<br />modified by oral agreement. Any section in this Secunty, 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 implicitly permits the variations by written
<br />agreement. If any section of this 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 plum] the singular. The captions and headings of the sections of this Security Instrument are for convenience only and arc
<br />not to be used to interpret or define the terms of this Security Instrument Time is of the essence in [his 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 EquityLine Account Agreement Terms and Conditions (as applicable), Fixed Rafe Nole Terms and Condilions (as
<br />applicable), the Arbitration Agreement, and the Agreement to Provide Flood/Property Insurance, all of which Tmstor agrees to b ,
<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 dine 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 Inslmmcml and applicable law.
<br />NEBRAS" -DEED OF TRUST JL
<br />F,Q127L (06 2002) W` ` {
<br />
|