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<br />... <br /> <br />, <br /> <br />200802161 <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 cliange the amount of any payment. Any excess will be paid <br />to the Grantor. If the Property is acquired bX !3~neficiary, Trustor' s rig~t to any insuran. ce policies and proce~ds 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. Trustor agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary ma~ 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 Beneficiary. <br /> <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 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 anX 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 r.arty'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 />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 />o 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 />[X] Construction Loan. This Security Instrument secures an obligation incurred for the construction of an <br />improvement 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 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 />o 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 />o Condominium Rider 0 Planned Unit Development Rider 0 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 I. <br /> <br />~.. /_- /;-0 &' <br />__ _ _ _ _ _ _ _ _~, "_ t!_ - - - - on <br />(Sign re) K. C . Hehnke, Member (Date) <br /> <br /> <br />3--_ ~ l ~Q_S <br /> <br />(Individual) <br /> <br />ohnson, Member <br /> <br />.J- J -08 <br />ACKNOWLEDGMENT: Patrie J. O'Hara, Member <br />STATE OF --Nebraska-- __ ___ __ __ _ _ , COUNTY OF --llal-l- __ __ __ __ __ __ _ _ __ __ __ }ss. <br />This instrument was acknowledged before me this _ ilJ:h _ _ _ _ day of - - M.a-rch-.- -2-00-8- ... - - - - - - . . <br />by _KLC, Rehnke, R-i-e-k- -8-.- .JO-hnson allQ- Pat-ick- -.L- -O'.H~ua:rjj=Devel0pment <br />My commission expire9 I"a. ......~ '3D,;I,oo ~..\~ Comp y, . L. . <br /> <br />GENE:~~~MJ s:~~~~~ - - ~ - --,- (Notary Public) - - - - - - - - - - <br />My Comm. Exp. June 30, 2009 \ <br /> <br />(Signal <br /> <br />(Dale) <br /> <br />01994 Wolters Kluwer Financial Services. Bankers SystemsTM Form RE-DT-NE 12/15/2006 <br />VMP@-C165(NE) 107081 <br /> <br />(page 4 of 4) <br />