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20030386 D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason in believe there is any pending or threatened investigation, claim, or pmceedmg relating m the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Truster will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Truster signs this Security Instrument but does not sign an evidence of debt, Truster does so only to mortgage Trustor's interest to the Property to secure payment of the Secured Debt and Trusmr does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trusmr, Trustor agrees in waive any rights that may prevent Beneficiary from bringing any action or claim apinst Trustor or any any indebted under the obligation. These rights may, include, but are not limited m, 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 m the Secured Debt that conflicts with applicable law will not be effective, unless that law exy,nxsly or impbedly permits the variations by written agreement. if any section of this Security Instrument cannot be enforced according in its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, life singular shall include the plural and the plural die singular. The captions and headings of the sections of this Security instrument are for convenience only and are not m be used to interpret or define the terms of this Security Inswment. Time is of the essence in this Security Instrument. 15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to due remove Trustee and appoint a successor trustee without any other formality than the designation in writing. The successor trustee, without conveyance of the Proocity, shall succeed to all the tide, power and duties conferred upon Trustee by this Security Instrument and applicable law. 16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail m the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. Notice m one truster will be deemed in be notice to all trustors. 17. WAIVERS. Except in the extent prohibited by law, Trustor 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 zero balance, this Security Inswment will remain in effect until released. 19. APPLICABLE LAW. This Securit Instrument is governed by the laws as agreed m in the Secured Debt, except m the extent required by die laws o7the jurisdiction where the Property is located, and applicable federal laws and 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] Q Assignment of Leases and Rents Q Other 21. CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation incurred for die construction of an improvement on the Property. 22. 0 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. (SI namre)DUANE EUG SPALE Untr (Si Italwe) JANET RENEE SPALE (Dote) ACKNOWLEDGMENT STATE OF Nebraska COUNTY OF Lancaster )ss. This instrument was acknowledged before tae d11s28th -day of March_ 2003 ................ by DUANE EUGENE SPALE and JANET RENEE SPAIX _ My commission expires: aeoukaolurc•arallfenw �� CJyy a Y (Notary Ablio) (D '-9' 6en0.en 6yamme, Ina., x' C"- 'N ' , 'L"x ... r ""' /page 4 of 4) dft.C4651NE1,sswr, e