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<br />\;. <br /> <br />c. <br /> <br />2007041&9 <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 postpon'e 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 Prop.erty 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. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Irustor agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary. may c~nsider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary's hen 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 sigIl 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 n<?t agree to be personally liable on t,he Secu~ed Debt. If thIS Security In~trument se~ur~s a guara~ty betwe.en <br />BenefiCiary and Trustor, Trustor agrees to waIve any flll:hts that may prevent BenefiCIary from bnngmg 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 />iurisdiction 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 an)' 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 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 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 />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 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 Instrument. [Check all applicable boxes] <br />D Condominium Rider D Planned Unit Development Rider D Other <br />D Additional Terms. _mm_u.mnm_mm._ummmmm_..mm_ <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. knowledges receipt of a copy of this securU'ty lnstruhnt on the date stated on page 1. <br /> <br />-]I ~ <br />;~~;;~;;)m ;~~~~nR~im ~m mm mM,,1Il.2001 ;,;.:;;; ;~;~;.t"~~.;:'m;ff;;mW~...2lI0(~;;;;n <br />n~ili()~_ - na~~.. ay_:L6,200I_m_... <br /> <br />(Signature) . (Date) <br />MacKenz J W1eSe fo erly known as <br />MacKenzie J Kohtz <br /> <br /> <br /> <br />mmmn....".. _. mnmmm.... nmmm_. nmmn May-.16.-2.00Lu .mm <br />(Sign~atu;e) (Date) <br /> <br />ACKNOWLEDGEMENT: <br /> <br />(Individual) STATE OF Nebraska <br /> <br />This instrument was acknowledged before me this ~'" <br />by Jason R Wles!~.MacKenzie_J Wiese fo~~erly kno,:"n as <br /> <br />My commission expires: <br /> <br />1klf- ~ 607 <br /> <br />GENERAl NOTARY . State af Nebraslmo nda <br />LINDA K.K1' CZER .'" <br />MyComm [,' '."" . 'J, 2007 <br /> <br /> <br />}SS. <br /> <br />~... 0 1994 Bonkers Systems, Inc., SI. Cloud, MN Form RE.DT.NE 1/3012002 <br />.. .C165(NE) (0301) <br />,@ <br /> <br />iff' <br /> <br />- d(Vj(~nnm <br /> <br /> <br />(page 4 of 4) <br />