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• 201002352 • <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 Che 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, Truster will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />21. FINANCLa,L REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon requcsC, 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 are joint and individual. If Trustor signs this Security Instrumeat but does not sign an evidence of <br />debt, Truster 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 secures a guaranty between <br />Beneficiary and Trustor, 'Trustor agrees to waive any rights that may prevent i3cueficiary 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 $eneficiary and any party to this Security Instrument may extead, <br />modify or make any change in the terms of this Security Instrumeat or any evidence of debt without '1"rustor'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 Truster and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is gc>veraed 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, 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 canaot 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. <br />Time is of the essence in this Security Instrument. <br />24. SUCCESSOR TRUSTEE. Beneficiary, at $eneficiary's optioa, may from time w time remove Trustee and appoinC 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 />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. <br />Notice to one truster will be deemed to be notice to all trusters. <br />2ti. WAi~ERS, t~xccpt to the extent prohibited by law, i'rustor 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 Instrument: <br />^ Liine 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 />^ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property. <br />© Fixture Filing. Truster 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 the <br />Uniform Commercial Code. <br />^ 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 />^ Condominium Rider ^ Planned Unit Development Rider ^ Other .................................................: <br />^ Additional Terms. <br />SIGNATC~"u:-By signing below, Trustor agrees to:the terms anci~covenants contained in thib 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 />............................. Q...... ........................~rzZ~.I ~....... /~............ ~ ........ .........:.......... 3 tz.z.r ~.~ <br />(Sigpature) Christine A. 5tarostka (Date) (Sigiature) David L Starostlca (Date) <br />ACKNOWLEDGMENT: <br />STATE OF Nepr;tska ............. . ........................ . COUNTY OF .... I.?.4t..~~..................................... } ss. <br />cI"~'""i°~~ This instrument was acknowledged before me this ........22nd....... day of ...................MarFh..201P.............. <br />..... <br />by l~hristine.A, ~t~rastka, A Married.P.ersan...Dav3d..L... Starostka, ..a , maxried .pleasom .............................. . <br />My commission expires: ~~~~~"_' ..... .. .................... <br />.""r.. . flENERFtI' 7ARY= tub,,' f N8bra5Ra. . <br />U ~ CMAFi~~~A~G MOYER <br />M ©1994 Bankers Systems, Inc., St. Cloud, MN Fvrm RE-DT-NE 1 /30/2002 My Comm. Exp, Nov. 20, 2D10 (page 4 Df ~lJ <br /># { ~~! <br />a , <br />