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200806351
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7/25/2008 4:10:43 PM
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7/25/2008 4:10:42 PM
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DEEDS
Inst Number
200806351
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<br />200806351 <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Proferty 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 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 I!roceeds 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, dehver, and file any <br />additional documents or certifications that Beneficiary ma1. 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 Prope!i)' 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 ~ees 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, excel't 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 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 />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 Ratty'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. <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 />(Si"""",,) DAVID A LUTON . .OSj.19{20_0(~;..;) -(S~~~r 05J19~:) <br /> <br />:~:OW~~~~~~~~ __________..' CO/~TYOF ___#~________._._.._.-- .. d }ss. <br /> <br />VI ~:isinst. ntw _ ackno ledge beforemeth~0VI__~z~Z~a:;;f ____/22a--.,h/___'-_;?cq.~.fL_____ <br />H _ fl.- -- _ d-. _..8 __ _ __~ ane __ Y::;:&J1'/e __Ie. _ Lu_rar, <br />My co ission expires: j.r. <br />~k / f- 2<J1 -~-&- -------- <br />..J;.- GENERAl NOTARY.$t e of Nebraska <br />LINDA K. KEEZER <br />My Comm. Exp. Dec. 19. 2011 <br /> <br /> <br /> <br />o 1994 WOlters Kluw or Financial Servicee - Bankors SystomsT" Form RE-DT -NE 12/15/2006 <br />YM P@.C1&S(NE) (0706) <br /> <br />805/LK/HNH <br /> <br />(page 4 of 4) <br /> <br />316230 <br />
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