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200411742 D. Truster shall immediately notify Beneficiary in writing as soon as Truster has reason to believe there is any pending or threatened investigation, claim, or Proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. �ESCRO ro pay tot AXESiAN INSURANCE. s fo and mess otherwise insurance provided in a separate agreement, Truster will not be 13. JOINT AND INDIVIDUAL, LIABILITY; CO- SIGNF,RS; SUCCESSORS AND ASSIGNS ROUND. All duties under this Security Instrument are joint and individual. If Tolson signs this Security Instrument but does not sign an evidence of debt, Truster does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Truster does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Truster, Truster agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but are not limited to any anti - deficiency or one- action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 14, SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not he effective, unless that law expressly or impliedly permits the variations by written agreement. 1f arty section of this Security instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include [lie plural and the plural the singular. The captions and headings of the sections of this Stern Instrument are for convenience only and are not to he used to interpret or define the terms of this Security instrument. Time is of the essence in this Security Instrument. 1S. SUCCESSOR TRUSTEE. Beneficiary at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other foorality, than the designation and duties in writing. The upon Trustee by this without conveyance of the Property, shall succeed to al] the title, power Instrument and applicable law. 16. NOTICE. Unless otherwise required by law, any notice shall he given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one truster will be deemed to be notice to all truslors. 17. WAIVERS. Except to the extent prohibited by law, Truster waives all appraisement and homestead exemption rights relating to the Property. 18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zeta balance, this Security Instrument will remain in effect until released. 19. APPLICABLE extent required by the Security if the jursd jurisdiction where they Propertys is located, and and app cable federal lawspand regulations. 20. 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] O Assignment of Leases and Rents =Other - -- _ - - - - - ---- - - - - -- 21. 0 CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation incurred for the construction of an improvement on the Property. 22. = ADDITIONAL TERMS. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. (signemre)DENNIS D HAWKES (na¢) s.lere)3ER HAWKES (nuts) ACKNOWLEDGMENT: STATE OF Nebraska ---- - - - - - - - ------- COUNTY OF Hal ] --- , ---- - -- _ --------- }es. This instrument was acknowledged before me this 30th_ _ _ - day of _November 2004_ -- _ by DENNIS D HAWKES, _.]ERI- HAWKES, HUSBAND ANO_ WI FE --------------- - my commission expires: _ -____. - ERAINOTARY- StNb Nt NTLEFF - -- fATHEPINEJ.5H1J_ryT�LE�FF (rvom,y e.btic) Mq Gmm. Exp.�- �11I� 01990 Balk — Sy.,mm.. "_.. et. good, MN ro,m oce�aEDT NE vTOrzooz InaBe 4 of 4) 4=- C48a1NE) iwoo I