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200210676 Application 4 0121326264 <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 m the <br />Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and pproceeds resulting from <br />damage m the Property before the acquisition shall pass to Beneficiary to the extent of the Secured 1>ebt immediately before <br />the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Tmstor will not he <br />required to pay to Beneficiary funds for Lees 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 tray deem reasonably necessary. Truster 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 stains 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 Truster signs this Security Instrument but does not sign an evidence of debt, <br />Tmstor does an only to mortgage Tmstor's interest in the Property in secure payment of the Secured Debt and Truster does not <br />agree to he personally liable on the Secured Debt. If this Security Instrument Secures a guaranty between Beneficiary and <br />motor, Truster agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Truster or <br />any party indebted under the obligation. These rights may include, but are not limited to, any anti- defimency or one - action <br />laws. Tmstor agrees that Beneficiary and any party it) this Security Instrument may extend, modify or make any change in the <br />terms of this Security instrument or any evidence of debt without Tmstor's consent. Such a change will not release Truster <br />from the terns of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the <br />successors and assigns of Truster 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 by the laws of the jurisdiction where the <br />Property is located. This Security Instrument is coin lete and fully integrated This Security Instrument may not be amended or <br />modified by oral agreement Any section in this Security hetrunent, atiaclunents, or any agreement related to the Secured <br />Debt that conflicts with applicable law will not he effective, unless that law expressly or impliedly permits the variations by <br />written agreement If any section of this Security Instrument cannot be enforced according to its terms, that section will be <br />severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall <br />include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument arc for <br />convenience only and are not to be used to interpret or define the terms of Nis Security Inslmment. Time is of the essence in <br />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 the <br />Property, shall succeed to all die tide, power and duties conferred upon Trustee by this Security Instrument and applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice shall he given by delivering it or by mailing it by fast class mail to the <br />appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one <br />truster will be deemed to be nonce to all trusters. <br />26. WAIVERS. Except to the extent prohibited by law, Truster waives all appraisement and homestead exemption rights relating <br />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 any be <br />reduced to a zero balance, this Security Instrument will remain in effect until released. <br />O Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property. <br />Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in die future and <br />that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and <br />any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform <br />Commercial Code. <br />Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the terms of this Security Instrument. [Check all applicable boxes] <br />= Condominium Rider = Planned Unit Development Rider 0 Other <br />F-1 Additional Teens. <br />SIGNATURES: By signing below, Truster agrees to the terns and covenants contained in this Security Instrument and in any <br />altaq meets. Truster also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />�B _. <br />(Signeturc) RICHARD S ERVEN (Date) (CiF enure) LYN HEAVEN (pone) <br />ACKNOWLEDGMENT; ,./�j_�I <br />STATE OF IP�'1a�u G- COUNTY OF UP }ss. <br />This instrument was acknowledged before me this 10 day of Pkl�iy[atp, <br />by RICHARD S BERVEN and MARILYN BERVEN <br />My commission ex aer <br />N GENERAL NOiARV-State at Nebraska � � � T rig <br />CATRINA M. SHUDA trv, r weal <br />Mr Comm. Exp. Au . 10, <br />©rsw oa�x.rs <br />$,a., mc.. si. ou . (page 4 0l 4) <br />- C165(NE) (9909) <br />