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��ii�� �. r ��` �; Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shatl not exteud or postpone the due date of the scheduled payment nor change the amount of any payinent. Any excess will be paid to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance polieies aud proceeds resulting from damage to the Property before the acquisition shail pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon reyuest, any financial statement or information $eneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, aud file any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and Beneficiary's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Securiry Instrument are joint and individuaL If Trustor signs this Security Instrument but does not sign an evidence of debt, Tr�stur doe�s so only to mortgage Trustor's interest in the Property to secure payment of tlae Secured Debt and Tcustor does not agree to be persoaally liable on the Secured Debt. If this Security Instrument secures a guaranry between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or daim against Trustor or any pariy indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument niay extend, modify or make any change in the terms of this Security Instrument or any evidence of debt witl�out Trustor's consent. Such a change will not release TrusCor from the terms of this Securiry Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 23. APPLICABLE LAW; SEVERABILTTY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Beneficiary is located, except to Che extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Securiry Instrument, attaclunents, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any seetion of this Securiry Instrument cannot be enforced according to its terrus, that section will be severed and will not affect the enforceabiliry of the remainder of this Security Inslrumeut. Whenever used, the singular shall include the plural and the plural the singular. The captions and hexdings af the sectio�s of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Securiry Instrument. Time is of the essence in this Securiry Instrument. 24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other fortnality than the ctesignation in writing. The successor trustee, without conveyance of Che Property, shall succeed to all the title, power and duties conferred upon Trustee by this Securiry Instrument and applicable law. 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate parry's address on page 1 of this Security Instrument, or to �ny other address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. 26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisemeut and homestead exemption rights relating to the Property. 27. OTFIER TERMS. If checked, the following are applicable to this Security Instrument: ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Atthaugh the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ❑ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods tliat Gr�ntor owns now or in the future and that are or will become fixtures rekated to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of ARicle 9 of the Uniform Commercial Code. ❑ Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Other .................................................. ❑ Additional Terms. SIGNATURES:_By s ��o� cknowl d es recei t of a co th and covenants contained in_this Security Iastrument and in any attachments. Trustc�f�'� g, p py this Security Instrument on the date st�ted on page 1. -,'. ° ...---'" ' . . . ... . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . .�.--/%'1. : ./ � . . . . . ..C�. � . . . �'�.��: �. . . . . . . . . . . . . : . �.-1. . �r�l ignacure) James L. Witter (Date) (Sig� ture) Karil Witter � (Dace) ACKNOWLEDGMENT: STATE OF N.e.4raska ....................................... COUNTY OF Merr.ick.............................................} ss. �I„a'"'d"�� This instrument was acknowledged before methis ;..:..,,l7th........ day of ..................F.e4r.uary,2QlJ........,.......... by J.ames.L..W.itter,.KarilWitter,.Husbandand.W.ife .............. ..........................................:................................ . My commission expires: 11•14-2014 `� l""1 ..�_,�,� �-•�-�....�.... �. ............ ... :... ��'�Of� (Notary Public) ��A Sarah Campa � OO 1994 Bankers Sy cio �c$qq�p�i}1Kq�'�oi oz Ipage 4 of 41