|
<br />2007007~9
<br />
<br />II,
<br />
<br />I
<br />
<br />21.
<br />
<br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Proferty 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 inunediately
<br />before the acquisition.
<br />
<br />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 />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, dehver, 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 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 />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 indebted under the obligation. 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 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 wiIl 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 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 party's address on page I of this Security Instrument, or to any other address designated in writing. Notice
<br />to one trustor WIll be deemed to be notice to all trustors.
<br />
<br />20.
<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. Although the Secured Debt may be
<br />reduced to a zero balance, this Security Instrulnent 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 Instrument. [Check all applicable boxes]
<br />D Condominium Rider D Planned Unit Development Rider D Other
<br />D Additional Terms. mm___. _____m______ m__m___
<br />
<br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any
<br />att~chments. Trusto; also a~~ receipt of a copy of this se~~~str;~ent on th~_st d on page 1.
<br />
<br />
<br />(~a; ?~ii~k mJao_'12.2::~;m ~"'~uJan""'Y22.I=; ..
<br />~, /1-.. v/ ') A
<br />__JanU81Y _22,20_0T _ __J.Q!4-:::~~;~ ..m__mm_.JanuaTY_22._200.7___
<br />(Date) (Signature) Billie 'J Klimek (Date)
<br />
<br />(Sign-aijjre)
<br />
<br />ACKNOWLEDGEMENT:
<br />(Individual) STATE OF Nebraska-.----- . COUNTY OF ~".
<br />This instrument was acknowledged before me this .22mL._. day of
<br />by Lawrence J Klimek and Billie G Klimek, aka, Billie J Klimek, husband a
<br />My commi~~ion ex~ "t;l"~---;~----;;;_ State of ~-' ,,-
<br />
<br />, LARRY WILHELMI ,,<'
<br />My Comm. Exp. Feb. 6. 2010
<br />
<br />JSS.
<br />
<br />~ 0 1994 Bankers Systems, Ine" SI. Cloud, MN Form RE-DT.NE 1/30/2002
<br />e.C165(NE) (0301)
<br />@
<br />
<br />
<br />07
<br />
<br />~
<br />__ . - m m m ..:'---m _ ~ m m _, ___ m ~ m m : __. m -- ---
<br />
<br />(page 4 of 4)
<br />
|