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200210750 Unless otherwise agreed in writing, all insurance praceedx shall be applied to the restoration or repair of the Property or to the Seemed Debt, whether or not then due, e[ Beneficiary's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment Any excess will be and to the Grantor. If the Properly is acquired by Beneficiary, Trnstot s right to any insurance policies and prmceeds resulting from damage to the Property 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, Truster will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Truster will provide to Beneficiary upon request, any financial statement or information Beneficiary may deem reasonably necessary. I rustor 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 a lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS ROUND. All duties under }his Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sir an evidence of n debt, 'Crosier does so only [o mortgage Crustor's interest in [he Property to secure payment of the Seemed Debt and Truster dues no[ agree to be personally liable on the Seemed Debt. If this Security Instrwnent secures a guaranty between Beneficiary and Truster, Truster agrees to waive any n his that may prevent Beneficiary from bringing any action or claim against Truster or any party indebted order the obligation. These rights may include, but aze not limned L an anti- deficiency or one - action laws. Truster agrees that Beneficiary and any party to this Security Instrument may extend, modify or make any change in [he terms of this Security Instrument or any evideme of debt without Trustor's consent. Such a change witl not release Truster from [he temrs of this Security insit.., The duties an d benefits of [his Security Instrument shall bind and benefit the successors and assigns of Truster and Beneficial. 23. APPLICARLE LAW; SEVERABILITY)' INTERPRETATION. This Security Instrument is governed by the laws of the Jurisdiction in which Beneficiary is locarea, 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. This Security Instrument may not be amended or modified by oral agreement. M section in this Security fully worriment, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or implredly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not aftect the enforceability o 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 are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. SUCCESSOR TRUSTEE. 13eiieficiary, at Beireficiazy s option, may from time to Lime remove Trustee and appoint a successor trustee without any other formality than the designation in 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 1 of this Security instrument, of to any other address desibmatzlin writing. Notice to one humor will be deemed to be notice to all mistors. 26. WAIVERS. Except to the extent prohibited by law, '1'rustor waives all appraisement and homestead exemption rights relating to the Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ® 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. 0 Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. 0 Fixture Filing. Truster grants to Beneficiary a security interest in all goods dust Grantor owns now or in the future and that me or will become fixtures related to the Property. 'flux 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. ED 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 = Planned Unit Development Rider 0 Other --- _ --- _ Additional Terms. SIGNATURES: By sibming below, Truster agrees to the terms and covenants contained in this Security Instrriment and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page I. (s;,amrs) BRIAN DAMS (Date) (siaamre)DODL DAVIS rare) ACKNOWLEDGMENT STATE. OF Nebraska - -- ____ ,COUNTY OF Hall - - - -- _. ___. ___).a. This instrument was acknowledged before me this26th day of September_ 2002 by BRIAN J_ DAVIS. _ DODI_L_DAVIS _ ---- ---- My commission expires: - li -uS LNOTA N AWft Pot n,haa) TTE D MN E W 9O (D 199E BmYns SY51 mS. Inc., $t C10Ud MN (1 800 O9]334 q rOim RE-Di NE IOR)N] (cog. 4 of 4) ® CIGS(NE)(9B08).0r