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200307039 <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br />to the Grantor. If the Property is acquired by Beneficiary, Truster's ri ht to an i ismance licies and proceeds resulting <br />from damage to the Property, before the acquisition shall pass to Beni diary to the extent oththe Secured Debt immediately <br />before the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Truster will not be <br />required 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 <br />financial statement or information Beneficiary may deem reasonably necessary. I rustor agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under 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 <br />this Security Instrument are joint and individual. if Truster signs this Security Instrument but does not sign an evidence of <br />debt, Trustor does so only to mortgage Tmstur's interest in the Property to secure payment of the Secured Debt and Trustor <br />does not agree lu be personally liable on the Secured Debt. If this Security lnstnuneor secures a guaranty between <br />Beneficiary and Trus[or, Truster agrees to waive any righis that may prevent Beneficiary from bringing any action or claim <br />against Tmstnr or any party indebted under the obligation. These rights may inc ude, but are not limited [o, any <br />anti<leficiency or one -action laws. Truster ag[ees [hat eneticiary and any party to this Securely instrument may extend <br />modify or make any change in the terms of this Security Instrument or any evidenca of debt without Tmstor's consent. <br />Such a change will not release Truster from the terms of this Security instmment. The duties and benefits of [his Security <br />Instrimtent shall bind and benefit the successors and assigns of Truster and Beneficial. <br />23. APPLICABLE LAW; SEVERARILITY; INTERPRETATION, This Security Instrument is governed by the laws of the <br />Iurlsdietion 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 <br />amended or modified by oral agreement Any section in this Security Instrument, attachments, or any agreement related to <br />the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variations by written agreement. If an section of this Security Instrument cannot be enforced according to Its terms, that <br />section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, <br />the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security <br />Instrument are for convenience only and are not to he used to interpret or define the terms of this Security Instrument. Time <br />is of the essence in this Security Instrument. <br />24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee without any other formality than the designation m writing. The successor trustee, without conveyance of <br />the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and <br />applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to <br />the appropriate parry's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice <br />to one trustor will be deemed to be notice to all trustors. <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br />= Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a zero balance, this Security instrument will remain in effect until released. <br />= Construction Loan. This Security Instrument senures an obligation incurred for the construction of an <br />improvement on the Property. <br />= Fixture Filing. Truster grants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br />and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing <br />statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of <br />the Uniform Commercial Code. <br />= Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement . <br />and amend the terms of this Security Instrument. [Check all applicable boxes] <br />= Condominium Rider 0 Planned Unit Development Rider = Other <br />D Additional Terms. <br />SIGNATURES: By signing below, Truster agrees to the terns and covenants contained in this Security Instrument and in any <br />attachments. Truster also acknowledges reu:ipt of a copy of this Security Instrument on the date stated on page 1. <br />N� hoLo 17� k, L <br />(Signawro) DENNIS H DSE (Date) (Signawre)LINDA E MUSE (Dnte) <br />ACKNOWLEDGMENT <br />STATE OF Nebraska , COUN Y OF Hall _ lss. <br />0.nldmep This instrument was acknowledged before me this d day of <br />by DENNIS_ H HRVBE, LINDlL N. AADSE <br />My commission ezPi E IEAEML NOTARY -S"of Nebraska \„ .£'.. <br />MARK E. KERSTEN <br />Nty Comm. Exp. AUp. 17, 2006 tN° w ^ °et <br />© 1994 Harken Sysbrt6, IOC, 51. Cbud, MN 11.60039] 2341 i Fo,m RE DT NE 10 12797 (page 4 of 4) <br />® -C 165 (ME) (9808).02 <br />