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<br />200808146 <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 Benefidary's option. Any application of proceeds to principal shall not <br />exlend or postpone the due date of the scheduled paymenl nor change the amount of any paymcnt. Any excess will be paid <br />to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insuram:e polides and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Benl:fidary 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, 'l'rustor will not be <br />required to pay to Ikneficiary funds for taxes and insunlncl: in escrow. <br />21. I?INANCIAL REI'ORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or infonuation Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any <br />additional documents or certifieations that Benefidary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary's lien stalus on the Property. <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 Sl:curity Instrument but docs not sign an evidence of <br />debt, 'l'rustor does so only to mortgage 'I'rustor's interesl in the Property to secure paymenl of the Secured Debt and <br />Trustor docs not agree to be personally liable Oil the Secured Debt. If this Security Instrun1el1l secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claill\ <br />against Trustor or any party indebted under the obligation, These rights may include, but arc nol limited to, any <br />anti-,dcficil:ney or one-,act ion laws. Trustor agrees thal Beneficiary and any party lo this Security Instrument lllay extend, <br />modify or make any change in the terms of this Seeurity 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 thl: successors and assigns of 'I'rustor 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 relIuired by the laws of the jurisdiction where <br />the Property is located. This Security Instrument is complete and fully integrated. This Security Inslnllllent may not be <br />amended or modified by oral agree1l1ellt. Any section in this Security Instrument, attachments, or any agreement related to <br />lhe Secured Debt that conflicts with applicable law will Hot be effective, unless that law expressly or impliedly pellllits the <br />variations by written agreelllenL If any section of this Security Instrument cannot he enforced according to its tel1ns, 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. 'I'he captions and headings of the seclions of this Security <br />Instrument arc for convenience only and arc not to be used to interprel or define the terms of this Security Inslrument. <br />Time is of the essence in this Security Instrument. <br />24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's oplion, may from time to time remove Trustee and appoint a <br />successor truslee without any other formality than the designation in writing. The successor trustee, without conveyance of <br />the Property, shall suececd to all the title, power ami duties conferred 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 class lllail <br />to tile appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. <br />Notice to one trustor wilI he deelned (0 be notice to all truslors, <br />26. WAIVERS. Except to (he extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating lo the Property. <br />27. OTHJER TERMS. If checked, the following are applicable to this Security Instrument: <br /> <br />o Hlle of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a "ero balance, this Security Instrulllent will remain in effect unlil released. <br />LJ Construction I,oau. This Security Instrumeut secures an obligation incurred for the construction of an improvement <br />on the Property. <br />LJ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the fulure <br />and that arc 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 />Unifolln Commercial C:ode. <br /> <br />o Riders. The covenants aud agreements of each of the riders checked below arc ineorporated into and supplement and <br />amend the tenus or this Security Instrument. [Check all applicable boxes I <br />o Condominiurn Rider 0 Planned Unit Development Rider 0 Othl:r.................................................. <br />[J Additional Terms. <br /> <br />SIGNATURES: By signing below, '1'rnstor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. '1'ruslOr also acknowledges receipt of a copy of this Security Instrument on the date staled on page 1. <br /> <br />.....);?~...D..,.I11~....0.~.lb.~q~ <br />(S igua [U~::.il1~Xlp.",u,~MA5$1i,. (Da (,,) <br /> <br />C....." /,:1, <br /><?l I' f." ,,1/ ,/:;2:.". it ,cr -16 Ot' <br />..... ".)t~',<d6l""L,L,e."" :'J,~;7:.,', ./rJ.~.. 0;:.;..< .t~.. c~....... <br />(Sigliat11:t0)':1:A<i.m_Mi!Oji!1\I1A;f;lS~, (Dale) <br /> <br />ACKNOWLEDGMENT: <br />STAn: OF N.E8RASKA..................................., COUNTY 01' . ..lhll............,..,."....................,} ss. <br />Ih,diVidUlU) This instrument was acknowledged before me this.",... .16TH....... day of ............... .SCPTEMBER, 2Q08................ <br />by DAVID.Q, MARSft.JACQUELYNG...MARSH,.I.WSSANO.ANOWHl....................... .......... ... .,. '.'.............. . <br />My COllUllh'" - .2. <br /> <br />l::;,y.:rU:;;:'i3:: @"I ~39i\. B::H1 <I .... <br /> <br /> <br /> <br />113012002 <br /> <br />(page 4 of 4) <br />