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<br />200700637 <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 n<;lt <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, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br /> <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor 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 Tmstor signs this Security Instrument but does not sign an evidence of <br />debt, Tmstor 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 any action or claim <br />against Trustor or any party incfebted under the obfigation. These rights may include, 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 Instrument 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 />jurisdiction in which Beneficiary is located, excel?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 Instmment. <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 tru.stee, without conveyance of <br />the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Inslnnnent and <br />applicable law. <br /> <br />25. NOTICE. l)nless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to <br />the appropnate party'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 />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 />DLine 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 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 />D Fixture Filing. 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 Instmment. [Check all applicable boxes] <br />D Condominium Rider D Planned Unit Development Rider D Other <br />o Additional Terms. <br /> <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instmment and in any <br />au",hmen Trustm a1~g" ,ee 1 a copy 01 this Seeu,ity Ins"~ent on the;:} st~ <br /> <br /> <br /> <br /> <br />(Dale) ICHELLE j~~ < ~EMBER (Dale) <br /> <br />ACKNOWLEDGMENT: <br />STATE OF NEBRASKA , COUNTY OF HALL <br />This instrument was acknowledged before me this 16TH day of JANQARY ~ <br />by GREGORY T. SHANER AND MICHELLE J. SHAPNR, MEMBERS <br />My commission expires: <br />/ <br /> <br />~ 6fNERAl NOTARY. Slate '" Nebraska <br />I JUSTIN GRAYBIU. <br />My Comm. Exp. JlWI. 28. 2009 <br /> <br />}ss. <br /> <br />(Individual) <br /> <br /> <br />LLC <br /> <br />Ex{5e?i2]," (0 1994 Bankers Systems, Inc., St. Cloud. MN Form RE-DT-NE 1/30/2002 <br />C -C165(NE) {03011 <br />@ <br /> <br />(page 4 of 4) <br />