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20030509 Unless otherwise agreed in writing, all insurance praceecls shall be applied to the restoration or repair of the Pr or to the Secured Debt, whether or not than due, at Beneficiary's option. Any application of proceeds to principal shall not extend in postpone the due date of the scheduled pa�ne��t nor change the amount of any payment. Any ezcess will be d to the Grantor. [f the Pro erty is acquired h Bene ifciary, Trustor's right to any insurance policies and proceeds resulting from damage to the Propeprty before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Traitor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will pprovide to Beneficiary upon request, any financial statement or information Beneficiary, may deem reasonably necessary. Trustor 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 LlABILrFY; CO- SIGNERS; SUCCESSORS AND ASSIGNS ROUND. All duties under Us Security Instrument are joint and individual. If Truster 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 Truster does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Truster, '1'rustor agrees to waive any petits that may prevent Beneficiary [loin bringing any action or claim against Trustm or any party indebted under die obC�Sation. These rights may include, but are no[ limited [o, an y anh- deficiency or one -action laws. Truster agrees that Beneficiary and any party to [his Security Instrument may exten modify in make any change in the terms of this Security Instrument or any evidence of deb[ without Tnrstor's consent. Such a change will not release Truster Sam the terms o this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Truster and Beneficial. 23. APPLICABLE LAW SEVERABDdTY- INTERPRETATION. This Security hamurnent is governed by the laws of the Jurisdiction in which llerreficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. 'Phis 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 wilh applicable law will not he effective, unless that law expressly or implicitly permits the variations by written agreement. If anyy secnon of this Security Instrument cannot be enforced according to its tens, 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 we not to be used to interpret or define the terms of this Security hiswunient. 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 finance without any other formality than the designation m 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 designatzlin writing. Notice to one trusmr will be deemed to be notice to all trusters. 26. WAIVERS. Except to the extent prohibited by law, Trusmr waives all appraisement and homestead exemption rights relating to the Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: E-1 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. = Construction Loan. This Security instrument secures an obligation incurred for the construction of an improvement on the Property. = Future 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. = 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 0 Planned Unit Development Rider 0 Other Additional Terms. SIGNATURES: By signing below, Tmstor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Trustornalso acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. (s ature)DA ID R BE H L (Date) (sigasmro)SHER I L BE O (oet) ACKNOWLEDGMENT: STATE OF Nebraska ,COUNTY OF Hall _._ -- _------ ___]ss. _._ __.. - Orr This instrument was acknowledged before me this215t .day of April 2003 by DAVID R BERGHOLZ. SHERRI l_BERGHOLZ My co as a — San of I bneh ANNETIEOAVIS - -- -- - - - -- My CNmm.fm. Mar 29, 2a05 N.m PPbacl © 1994 Bpdni synems. Inc, si. cloud, No p- BOO a91 234 1) raim IVFOI -NE I MW (pogs, 4 of 4) //n 61051NE1 (9808)02