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<br />200707938 <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 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 immediately <br />before the acquisition. <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 />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 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 />22. JOINT AND INDIVIDUAL LIABILITY; CO.SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrument arc joint and individual. If Trustor signs this Security Instrument but docs 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 liable on the Secured Debt. If this Security Instrument securcs 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 iru.lcbtcd uudel. lhe obligation. These rights Iliay include, but are nol limited 1O, 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 />I nstrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />23. 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 <br />the 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, attachrnents, or any agreement related to <br />the Secured Debt that coutlicts 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 />Instrwllent are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. <br />Time is of the essence in this Security Instrument. <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~tce, without conveyance of <br />the Property, shall succeed to all the title, power and duties cout'erred upon Trustee by this Security Instrument and <br />applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first elass mail <br />to the appropriate party's address on page 1 of this Security Instrwllent, or to any other addre~~ designated in writing. <br />Notice to one trustor will be deemed to be notice to all trustors. <br />26. WAIVERS. Except ttJ theexfeJit prohibite(f-byTaw~ Trustor waives aU- appraisement and homestead exelnption rights <br />relating to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br /> <br />o Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a z,ero balance, this Security Instrument will remain in effect until released. <br />D Construction Loan. This Security Instrument secures an obligation incurred for the cOllstruetion of an improvement <br />on the Property. <br />o 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 Instrwllent 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. [Check all applicable boxes] <br />D Condominiwn Rider D Planned Unit Development Rider D Other.................................................. <br />D Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the temlS and venanls contained in this Security Inslrwllent and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Secuc' Instrument on the date stated on page 1. <br /> <br /> <br /> <br /> <br />~;;;:~~~..................~;~)... (S'~~~~L6;S.ME~.................(ij;~). <br /> <br />ACKNOWLEDGMENT: <br />STATE OF ...... ..NEBRASKA... ............. .. .... .. " COUNTY OF ........ .a.lJr.F.ALO.. .. . .. .. .. .. .. .. .. .. .. .. .. .. ..} ss. <br />This instrument was aCknowl=before me this ..10lli.......... day of ....S.EPrEMaEE.........dJtt27.......... <br />by .. .~~.+AN. .~.~. .HA~~.,......... .m. .&c. .AOAM. .~,. . HAYES.,. . .MEMaER. OF. HAYES.,_. HAYES.,...&. sara...... . <br />My commission expires: INVESTMENTS, LLC, .~. .~~~~ ~~~~~J~~ J/tWi(....................... <br />~ UJ;-t.J . '~,{,;gP;;';i~) <br /> <br />(hvJividual) <br /> <br />Ex{5ii?d: @1994 Bonko" Systoms. Ino.. St. Cloud. MN Form RE.DT-N <br /> <br />~~~.~ <br />= {GE~E"ALt -;. <br />-*1 ..... **... <br />\ },~OtA.y/ f <br />.,,;:teh.;..~~'$l <br />"'I!.t" <br /> <br />TONIA KONWINSKI <br />MY COMMISSION EXPIRES <br />May 15, 2009 <br /> <br />(page 4 of 4) <br /> <br />- .0.&"'......,......____.._.". <br />