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201101768 <br />: � _ <br />Unless otherwise agreed in writiag, al( insurance proceeds shalt be applied [o 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 chaage the amount of any payment. Aay excess will be paid <br />to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any iasurance 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 1NSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required to pay to Beneftciary funds for taxes aad insurance in escrow. <br />21. FINANCIAi. REPORTS AND ADDITIONAL DOCiJMENTS. Trustor will provide to Beneficiacy upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, aac! file any <br />additional documents or certifications that Benef'tciary may consider necessary to perfect, continue, and presecve Grantor's <br />obligations under this Security Instrumeat and Beneficiary's lien status on the Ptoperty. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS ANb ASSIGNS BOIIND. 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 Ptoperty 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 Benefieiary from bringing any action or claim <br />against Trustor or any party iadebted under the obligation. These rights may include, but are aot limited to, any <br />anti-deficiency or one-action laws. Trustor agrees that Beneficiary aad any party to this Security Instrumeni 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 beaefits of this Security <br />Instrumeat shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrumeat is governed by the laws of the <br />jurisdiction in which Beaeficiary 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 />ameaded or modif'ied 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. <br />Time is of the essence in this Security Instrument. <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 conveyaace 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 ia writing. <br />Notice to one trustor will be deemed to be notice to all trustors. <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives al! appraisement and homestead exemption rights <br />relatiqg to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br />❑ Line of Credit. The Secured Debt ineludes a revolving Line of credit provision. Although the Secured Debt may be <br />reduced to a zero balance, this Securiry Instrument will remain ia effect until released. <br />❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Properly. <br />❑ 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 Instrumeat suffices as a financiag <br />statement aad 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 ❑ Planaed Unit Development Rider ❑ Other .................................................. <br />❑ Additional Terms. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants coatained in this Security Instrument and in any <br />attachments. Trustor also ackaowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />... �r�:... � . ......... ... ... ... ... ....... . y .tt.. ... . ..... ..... .��-�-�4:............ �`1�� ...... <br />.. �� 3 �� <br />(Signature) MITCHELL CLARK (�te) (Signature) yLE CLARK (Date) <br />ACKNOWLEDGMENT: <br />STATE OF Ne4raSka ....................................... COUNTY OF HAII............................................... } ss. <br />(Individual) This instrument was acknowledged before me this .........4tb........ day of ...................Mar�h201.1................... <br />by MITCHEII�IARK;.GA�(IE.C.IAftK,HU.SBAND.ANRVYIF.E ................................................................................... . <br />My commission expi . ������ <br />87EVL= M.1�1MON . . . . . . . . . . . . . . . . . . . !. . . . . . . . . . . . . . . . . . . . . . . . <br />M�►Comm. . feb.21, 2014 ...�No u � <br />�"' OO 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/3 ! /jJBy2 4 Of 4� <br />