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-� �Obi'10�4�� <br />Unless otherwise agreed in writing, all insurance proceeds sha11 be applied to the restoration or repair of the Properly or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal sha11 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 proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent af the Secured Debt immediately <br />before the acquisition. <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 />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon cequest, aay <br />financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any <br />additional documents or certif'ications 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 Properly. <br />22. JOINT AND INDIVIDUAL LIABII,ITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOiJND. 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 Properiy to secure payment of the Secured Debt and <br />Trustor does not agre� to he personally liable on the Secured Debt. If this Security Insttument 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 obligaxion. These rights may include, but are not limited to, any <br />anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify or make any change in the terms of this Secutity 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 sha11 bind and benefit the successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVEItABILITY; 1NTERPRETATION. This Securiry Instrument is governed 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 modif'ied by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to <br />the Secured Debt thax 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 ate not to he used to interpret or define the terms of this Security Instrument. <br />Time is of the essence in this 5ecurity 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 forniality than the designation in writing. The successor trustee, without conveyance of <br />the Property, sha11 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 ma.iling 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 trustor will be deemed to be notice to all trustors. <br />26. WANERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br />27. OTHER TERMS. If checked, tbe following are applicable to this Securiry Instrument: <br />CXl Line of Credit. The Se�ured Deht includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a Zero balance, this Secutity Instrument will temain in effect until released. <br />[� Construction Loan. This Security Instrument secures an obligation incurred for the construction of an imptovement <br />on the Property. <br />❑ Fixture Filing. Trustor grants to Beneficia.ry 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 covena,nts 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 />SIGNATiTItES: By signing below, Trustor agtees to the terms and covenants contained in this Secucity 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 />.� G� . . ...............:.................................... ......... ....... .... �..... e:?'�..'.s : �v1 � <br />(Signa e c. Warford (Date) (signature) Mary S. ard (Date) <br />ACBNOWLEDGMENT: <br />STATE OF IUe4ras.ka . . . . . .. . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . COIJNTY . OF Mercick. . . . . . ... . ....... . .. .. . . ... . ...... ....... .... } ss. <br />�""' This instrument was acknowledged before me this .........6th........ day of ....................MaY..20J.1.................... <br />by Mark.E..W.advrd: Man S..W.arfinrd. Hu�4and.&.INife ....................................................................................... . <br />My commission expires: 09•12-2012 � o <br />'���.? .......................................................... <br />(Wotary Pnblic) <br />� Tyson D Benner r __ <br />"' OO 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1(30/2002 ��L��'`'�(.5�8�f �BbT� (P 4 of 4) <br />TYSON D. BENMER <br />�ly Camm. 6cp. Se�. i 2, 2012 <br />