|
<br />.
<br />~,
<br />
<br />2007Q139t
<br />
<br />.. ~
<br />
<br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to
<br />the Secured Debt whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not
<br />extend or postpOl{e the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid
<br />to th, e 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 inm1ediately
<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, deltver, 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 ~he Secured Debt. If tlllS Secunty Instrument se~ur~s a guaratHy between
<br />Ben.cficiary and Trustor, Trusto~ agrees to waIve any nghts .that may prevent BenefiCIary from bnngmg any .ac~lOn or claIm
<br />agamst Trustor or any party mdebted under the obligatlOJ.1.. These nghts may mclude, but are not ltmlted to, ,any
<br />anti-deficiency or one-actIOn laws. Trustor agrees that BenefICIary and any party to thIS Secunty 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 />20.
<br />
<br />21.
<br />
<br />23.
<br />
<br />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 1S 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. Ifanx section of this Security Instrument cannot be enforced according to its terms, that
<br />sedion 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 />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 ancl
<br />applicable law. '
<br />
<br />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 ~arty' s address on page 1 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 />24.
<br />
<br />25.
<br />
<br />26.
<br />
<br />WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights
<br />relating to the Property.
<br />
<br />OTHER TERMS. If checked, the following are applicable to this Security Instrument:
<br />
<br />D Line of Credit. The Secured Debt includes a revolving hne of credit provision. AHhougn the Seemed 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 he 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 />o Additional Terms. -------------------------------------------
<br />
<br />27.
<br />
<br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any
<br />.--attachme~ts. rustor also ackn~~I~dt{\receiPt of a copy ~f this Security Instrument 011 the ate-stated--.m page 1.
<br />
<br />~'S____ _: ____~~~)..~__FabrlJary-12.2nOL-- RQ.NY:\Q..h----f:, ______ _ _____6siR___EebrUalY12,_2007
<br />(Signature) Daniel L Marshall (Date) (Signature) Pamela F Marshall (Date)
<br />
<br />
<br />__ __ _ _ __ _ _ _ _ _______ m_____ ___ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _. _ _ _ _ __ ___ ___FebrlJary _12. 2nOI.. _ _ .e Q.~- 5: - -5~- _ _ _ _ _ _ _ _ _ _ _ _ _Eebruary12, 2007
<br />(Sign-ature) (Date) (Signature) FKA Pamela F Beck (Date)
<br />
<br />~~:V~~:~~~~~:~~T~~~ __, COUNTY OF -U~-f-I -'/, A --' / }SS,
<br />
<br />This i,..~'" "npnt was acknowledged before me this / c:1. rL.day of / e..c?h G( ~ -7 ' ":;...a Oc-7
<br />
<br />by Daniel L M~rDhall aRG-Pamclo F M.:lrDh~' F Beek,--OOsbaoo..aoonwife
<br />My commission expires: . ' - J:- . V'
<br />
<br />~ I? - ~O tJ7 u._ .,__ ,".... .....--" HH....U__"_"____ ..---"- -------------------:------------
<br />(Notary Public)
<br />
<br />frj5E"n:l"M 0 1994 Bankers Syslems, Ine" SL Cloud, M N Form RE-OT-NE 1/30/2002 GENERAL NOTARY. Slate of Nebraska (page 4 of 4)
<br />G .C165(NE) (0301) L1NDAK.KEEZER
<br />@ My Comm. Exp. Dec. 19, 2007
<br />
<br />
|