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<br />200510839 <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Prorerty or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principa 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, Trustor'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 /> <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br /> <br />21. <br /> <br />FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Tmstor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Tmstor agrees to sign, dehver, and file any <br />additional documents or certifications that Beneficiary ma~ consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary s lien status on the Property. <br /> <br />22. JOINT AND INDIVIDUAL LlABILlTYi CO~SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instmment are joint and indiVIdual. If Trustor signs this Security Instrument but does not sign an evidence of <br />debt, Tmstor does so only to mortgage Tmstor's interest in the Property to secure payment of the Secured Debt and Tmstor <br />does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br />Beneficiary and Tmstor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Tmstor or any party indebted under the obfigation. These rights may include, but arc not limited to, any <br />anti~deficiency or one-action laws. Tmstor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify or make any change in the terms of this Security Instrument or any evtdence of debt without Tmstor's consent. <br />Such a change will not release Trustor from the terms of this Security Instrument. The duties and benefits of this Security <br />Instmment shall bind and benefit the successors and assigns of Trustor and Beneficial. <br /> <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 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 terms of this Security Instmment. Time <br />is of the essence in this Security Instrument. <br /> <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 /> <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 r.arty's address on page I of this Security Instrument, or to any other address designated in writing. Notice <br />to one trustor wtll be deemed to be notice to all trustors. <br /> <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br /> <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br /> <br />D Line of Credit. The Secured Debt includes a revolving line of credit provision. AlLhough the Secured Debt may be <br />reduced to a zero balance, this Security Instrument will remain in effect until released. <br />D Construction Loan. This Security Instrument secures an obligation incurred for the construction of an <br />improvement on the Property. <br />DFixture 1111ing. Trustor 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 />D 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. ICheck all applicable boxes] <br />D Condominium Rider D Planned Unit Development Rider D Other <br />D Additional Terms. <br /> <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 /> <br />"..... ..".,.,."., ,,) '.'.) .r... r -..-.----'..'" <br />c...,,' \'; n , {" ,L', <br />__ 1-::rl{;..i)J~_ ,_.- __ _~, '::': _'~4:!\Il-._, <br />(Signature) B~Y D PETERSEN <br /> <br />(Date) <br /> <br />(Signature) <br /> <br />(Date) <br /> <br />(Individual) <br /> <br />ACKNOWLEDGMENT: <br />STATE OF BeErils_ka,,_ __ __ _ _,_ , COUNTY OF~a!l__ ___, <br />This instrument was acknowledged before me this 23 t,!1 _ _ day of 9_c tOQe:r 2005 <br />by ~_RADLEY D PE'I'~~I~LEJi _ __ ____ __ ___ _ _, _ ___ <br />My commission expires: 08/17 /2006 n>~ L-, <br /> <br />}ss. <br /> <br />GENERAL NOTARY. State of Nebraska <br />1m' MARK E. KERSTEN <br />~_' My Cornm. Exp. Aug. 17, 2006 <br /> <br /> <br /> <br />(Notary Public) <br /> <br />RK E KERSTEN <br /> <br />~ (<) 1994 Banker< Systems, Inc" SI. CIOlld, MN Form RE-DT-NE 1/30/2002 <br /> <br />.. -C165(NE) 10301) <br />@ <br /> <br />(page 4 of 4) <br /> <br />. <br /> <br />" <br />, . <br /> <br />. <br />