Laserfiche WebLink
<br />200600167 <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, Tmstor'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, Tmstor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br /> <br />nNANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Tmstor will provide 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 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 LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrument are joint and indivIdual. If Trustor signs this Security Instrument but does not sign an evidence of <br />debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor <br />docs not agree to be personally liable on the Secured Debt. If this Security lnstrument secures a guaranty between <br />Be~eficiary and Tmstor, Trusto~ agrees to waive any rights .that may pre~ent Benefic,iary from bringing any .ac~ion or claim <br />agamst Trustor or any party Indebted under the obfigatlon. l11ese fights may mdude, but are not 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 terms of this Security Instnnnent or any eVidence of debt without Trustor'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 />Instrument 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 />j.lurisdiction in which Beneficiary is located, exce!?t 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 conOicts 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 Instrument. 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 tmstee, 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 Jaw, any notice shall be given by delivering it or by mailing it by first class mail to <br />the appropriate p'arty's address on page 1 of this Security Instmment, or to any other address designated in writing. Notice <br />to one trustor WIll be deemed to be notice to all tmstors. <br /> <br />21. <br /> <br />26. WAIVERS. Except to the extent prohibited by law, Tmstor 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 Instmment: <br /> <br />o 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 eHect until released. <br />o Construction Loan. This Security Instrument secures an obligation incurred for the construction of an <br />improvement on the Property. <br />o :Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the 1\Jture <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 />o 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 Instmment. [Check all applicable boxes] <br />o Condominium Rider 0 Planned Unit Development Rider 0 Other <br />o Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security lnstmment and in any <br />attachments. Tmstor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br /> <br />u~L~u <br /> <br />(Signature) THOMAS E TOWNE <br /> <br />/?:it_l! ~. <br />(I>at~) <br /> <br />~ ,~ S, <br />-~------ <br />(Signature) TAMI S TOWNE <br /> <br />" <br />~-""'~- <br /> <br />(Date) <br /> <br />(Individual) <br /> <br />ACKNOWLEDGMENT: <br />STATE OF Nebraska __ __ _ __ _ ___ , COUNTY OF Hall <br />This instrument was acknowledged before me this30th _ _ _ ___ day of DeC~!llP_~r 2005 <br />by THOMA_S __E:. _-:rQ~!!l_! _ ,TAMI S'l:'9W!'l!!l_ _ _ _ __ ... <br />My commission expires: OS/23/2006 <br /> <br />J;. ... .G.ENERALNOTARY - State of Nebraska <br />ANNEITE DAVIS <br />_~"~c__...;.:_ MyComm.Exp.May2~ TE DAVIS <br /> <br />}ss. <br /> <br />--------->-1 ----0--- <br />(, 0' i <br />_... -U~"'-- <.A Z{_ __ _ _ ll1/~ <br /> <br />(Notary Public) <br /> <br />~ 0 1994 Bankers Systems. Inc_. St_ Cloud, MN Form RE DT NE 1/30/2002 <br />-. ~ -C165(NE) 10301) <br />'iMlJ'<!'> . <br /> <br />(page 4 of 41 <br /> <br />. <br /> <br />. <br />