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200203064 <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 right to any insurance policies and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the 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. Trustor will rovide to Beneficiary upon request, any <br />Financial statement or information Beneficiary may deem reasonably necessary. Trustor 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 all evidence of <br />debt, Truster does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor <br />does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing airy action or claim <br />against Trustor or any party indebted under the obligation.. These rights -may include, but are nol limited to, any <br />anti- deficiency or one- action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify or make any change in the terns of this Security Instrument or any evidence of debt without Trustor's consent. <br />Such a charge will not release Trustor from the terms of this Security Instrument. The duties and benefits of this Security <br />instrument shall bind and benefit the successors and assigns of Trustor and Beneficial. <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 6 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 any 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 be used to interpret or define the terns 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 in 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 trailing it by first class mail to <br />the appropriate party's address on page I 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 />U 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 retrain in effect until released. <br />Construction Loan. This Security Instrument secures an obligation incurred for the construction of an <br />improvement on the Property. <br />I� 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 />E::] Condominium Rider Plumed Unit Development Rider _ Other <br />Additional Terms. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page I. <br />(Signature) G W SCHWZEGB - ate) - -- - tstignature} - - -— -- — (Dale) <br />ACKNO EDGMENT: <br />STATE Op _ NEBRASKA COUNTY OF _ _HALL Iss. <br />peaa;4u4q --------------- <br />This instrument was acknowledged before me this 15TH day of MARCH 2002 . <br />by_ GARY W SCHWIEGER, A S LE PERS <br />My commission <br />GENERAL NGTARY -Slate of Nebraska <br />III JOSEPH R. OOBROVOINY - - - - - - - T <br />- <br />MY Camm. Erg. Sept. 3.2PO4 IN„mry runnel - - - - - - <br />Q 1994 Bankers Systems, Inc., St. Cloud, MN (1-800-397 23411 Form RE -DT -NE 70127197 (page 4 of 4) <br />®- C165(NE) I9e9BI.oi <br />