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200306501 D. Truster shall immediately notify Beneficiary m writing as soon as Trustor 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. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Truster will not be required to pay to Beneficiary funds for Imes 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, Trustor does so only to mortgage Truster'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, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Trustor or any yarty indebted under the obligation. lese rights may include, but are not limited lo, arty 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. SEVERABILIT'V; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section to this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with a licable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. if airy 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 the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument 15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other formality than the designation to writing. The successor trustee, without conveyance of the Property, shall succeed m all the title, 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 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 busters. 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 zero balance, this Security Instrument will remain in effect until released. 19. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the 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] E-1 Assignment of Leases and Rents E-1 Other --- 21. =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. Truster also acknowledges receipt of a copy of this Security Instrument on the dale stated on page 1. (Slgnawrc)CHARLES L WE R (Date) (51K1 lure) ROXANNE M WEGNER f/ (Un1e) ACKNOWLEDGMENT STATE OF Nebraska , COUNTY OF Ball _ _ _ _ _ _ _ _ _ _ _ - --- )ss. (IwrvwuvU This instrument was acknowledged before me t1 lot. ---- day of May 2003 by CHARLES_ L REGNER, _R_O_X_AN_ N_ E M HEGNER _ _ _ _ _ _ _ _ _ _ _. _ _ _ My commission expires: t/ GENERAL NOTARY -State of Nebraska �I - J _ TAMMY S. PUROY (N tY o bull MY Comm. ESp. �. Q 1994 ill Syotams. Inc -St Cloud, MN Farm OCPAEDT -NE 1113199 (Ne(J¢ 4 zf 4) - C4651NE11asozroz