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<br />200706716 <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shaU he 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 shaU not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will he 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 immediately <br />before the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor wiU not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor wiU 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 docwnents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security I nstrument and Beneficiary's lien status on the Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO.SIGNERS; SUCCESSORS AND ASSIGNS BOUND. AU duties under <br />this Security Instrwnent are joint and individual. If Trustor signs this Security Instrwnent 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 <br />Trustor does not agree to be personally liahle on the Secured Debt. If this Security Instrwnent secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any rightS that may prevent Benetktaryfrom bringing any action or claim <br />against Trustor or any party indebted under the ohligation. These rights may include, but are not limited to, any <br />anti-deficiency or one-action laws. Trustor agrees tbat Beneficiary and any party to tbis Security Instrwnent may extend, <br />modify or make any change in tbe terms of this Security Instrwnent 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 />Instrwnent shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRET A TION. This Security Instrument is governed by the laws of the <br />jurisdiction in which Beneficiary is located, except to the extent otherwise required hy the laws of the jurisdiction where <br />the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be <br />amended or modified hy oral agreement. Any section in this Security Instrwnent, attachments, or any agreement related to <br />the Secured Debt that conflicts with applicable law will not be effective, unless tbat law expressly or impliedly penuits the <br />variations by written agreement. If any section of tbis Security Instrwnent cannot be enforced according to its terms, thaI <br />section will be severed and will not affect the enforceability of tbe remainder of this Security Instrwnent. Whenever used, <br />the singular shall include the plural and the plural the singular. The captions and headings of the sections of Ihis Security <br />lnstrwnent are for convenience only and are not to be used to interpret or define the terms of this Security Instrwnent. <br />Time is of the essence in this Security Instrwnent. <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 aU the title, power and duties conferred upon Trustee by this Security Instrwnent and <br />applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice sball be given by delivering it or hy mailing it by first class mail <br />to the appropriate party's address on page I of this Security Instrwnent, or to any other address designated in writing. <br />Notice to one trustor will be deemed to be notice to aU trustors. <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement---and homestead exemption rights <br />relating to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrwnent: <br /> <br />D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Deht may be <br />reduced to a zero balance, this Security Instrument will remain in effect until released. <br />D Construction Loan. Tbis Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property. <br />D Fixture Filing. Trustor grants to Beneficiary a security interest in aU 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 the <br />Uniform Commercial Code. <br /> <br />D Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the terms of this Security Instrument. [Cheek aU applicable boxes] <br />o Condominium Rider D Planned U nit Development Rider D Other.................................................. <br />o Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br /> <br /> <br /> <br />lJit.... .. . .....................7~.f)7..~b~7-:3Dill <br />(Signature) William (Date) (Signature) ch~~4ii Gordon (Date) <br /> <br />ACKNOWLEDGMENT: <br />STATE OF Nebrll.~ka....................................., COUNTY OF Hall................................................} ss. <br />This instrument was acknowledged before me this ...... ..30th....... day of .................. .July, 20.07................... <br />by William .M. Gordno; .CbOfl'IIi.. GOld.l1.. ~U$b..d and .II'Id. . .....;9........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <br /> . . .. . <br />My commission expires: .....7~...../Yl. ~. ~~;;.kI................... <br /> <br />t~;~~.~.(y~ <br /> <br />(Individual) <br /> <br />~ @'994 Bankors Systerns. Ino.. St. Cloud. MN Forrn RE-PT.NE 1/30/2002 <br /> <br />(page 4 of 4) <br /> <br />,4,' ,GENERAL NOTARY. State of Nebraska <br />ill PAULA M. MAYFIELD <br />~.: _' ~ My Comm. Exp. Oct. 2, 2009 <br />