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. <br /> � � gg_�.c���3s <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 Beneficiary's option. Any application of proceeds to principal shall 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 of the Secured Debt immediately <br /> before the acquisition.� � . �� � �• , �. ,; j - , . � , , , . <br /> 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a sepazate 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 request, 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 ma�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 BOLIND. All duties under ' <br /> this Security Instrument aze 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 Property to secure payment of the Secured Debt and ' <br /> Trustor does not agree to be personally liable on the Secured Debt. If this 3ecurity Instrument 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 arty indebted under the obligation. These rights may include, but aze not limited to, any <br /> anri-deficiency or one-acrion laws. Trustor agrees that Seneficiary and any partx to this Security Instrument 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 Instnunent. The duties and benefits of this Security ' <br /> Instrument shall bind and benefit the successors and assigns of Trustor and Beneficial. <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 required�by the laws of the junsdiction 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 imphedly pernuts 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 singulaz 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 wntmg. The successor trustee, without conveyance of <br /> the Property, shall succeed to all the title, power and duties confened 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 appropr.iate partx's address on page 1 of this Serurity Instrument, or to any other address designated in wr�ting. ' <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 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 /> ❑ Line 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 Insttvment secures an obligation incuned for the construction of an improvement ' <br /> on the Property. : <br /> ❑ Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br /> and that aze 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 /> SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this 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 /> X.. .. . �"'_.................. `�'�i� ..�:.. ! �' .-� <br /> (Sig wre)THOMAS D. (Date) (Si nature . . . . ��"V../ . . . ......�:'J�...,t� <br /> S ) L' ���BAUNIl.������(�{/� Date <br /> B ( � � <br /> ACKNOWLEDGMENT: <br /> STATE OF N�br�aska ........, COUNTY OF �L <br /> ....................................... <br /> om���a��� This i ...................... ................... ...... <br /> nstrument was acknowledged before me this .. 23i'� day of F��y •} ss. <br /> M c�ommi�'ssion:..HOIII�BALAK and.PAMQ,A.L,HO�1[�IB�LR�I ... �s��..�: �' 4,r....•..1998........... . <br /> Y expires: jj <br /> Ql <br /> ....... ........(... ......... . <br /> . ....... ............... <br /> Notary Public) <br /> m1994 Bankers Systems,Inc.,St.Claud,MN (1-800397-2341) Form RE•DT-NE 10/27/97 ' <br /> (page 4 of 4/ <br /> GENERAI NOTARY•State of NeDraska � �., ' . '<�' <br /> II� JOSEPH R.DOBROVOLNY <br /> My Comm.Eap.Sept.3,2000 <br />