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200006662 <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any <br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any Environmental Law. <br />12. 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 />13. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties <br />under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an <br />evidence of debt, Trustor does so.only, to mortgage Trustor's_interestin the-PropcZy_ta_wxu41UjnW_Qf the Secured <br />Debt and Trustor does not agree to b r� <br />e personally liable on the Secured Debt. If this Security Instrument secures a <br />guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from <br />bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but <br />are not limited to, any anti - deficiency or one - action laws. The duties and benefits of this Security Instrument shall bind <br />and benefit the successors and assigns of Trustor and Beneficiary. <br />14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security <br />Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, <br />or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law <br />expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be <br />enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of <br />this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions <br />and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or <br />define the terms of this Security Instrument. Time is of the essence in this Security Instrument. <br />15. 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 <br />conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security <br />Instrument and applicable law. <br />16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class <br />mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in <br />writing. Notice to one trustor will be deemed to be notice to all trustors. <br />17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br />18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced <br />to a zero balance, this Security Instrument will remain in effect until released. <br />19. - APPLICA T —LAW. -This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to <br />the extent required by the laws of the jurisdictign where the Property is located, and applicable federal laws and <br />regulations. <br />20. 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. y <br />[Check all applicable boxes] <br />= Assignment of Leases and Rents = Other <br />21. = CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an <br />obligation incurred for the construction of an improvement on the Property. <br />22. = ADDITIONAL TERMS. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in <br />any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />i � - ��?.JZ1�C._ • - I O��Q c7 <br />(Signature) GERALD N HELZ (Date) (Signature) E Y J HELZER (Date) <br />ACKNOWLEDGMENT: t` <br />(Individual) <br />STATE OF _ _NEBRASKA- - - - , COUNTY OF ------ HALL <br />- - - - - - -20-0-0 -- - -- _. <br />This instrument was acknowledged before me this 12TH day of OCTOBER, - <br />Y GERALD _N _1iELZER AND-BEVERLY J _HELZER -HUSBAND AND IFE <br />My commission expires: - <br />X:ItDEWRAM K NOTAR r -State of Nebras i •'i1 ,� �`U <br />J. NORMAN - - Notary Public) <br />y Comm. UP. 8� 19, 2001 <br />(D 1994 Bankers Systems, Inc., St. Cloud, MN Form OCP- REDT -NE 1/13/99 (page 4 of 4) <br />C465(NE) (9902).02 <br />}ss. <br />