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200208412 Application 4 0121230411 D. Trusmr shall immediately notify Beneficiary in writing as soon as Truster has reason an 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, Tmstor 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 Trustor signs this Security Ina mment but does not sign an evidence of debt, Trqstor does so only to mortgage Truster's interest in the Property to secure payment of the Secured Debt and Tmstor does not agree to be personally liable on the Secured Debt If this Security Instrument secures a guaranty between Beneficiary and Tmsmr, Tmstor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Truster or any Par 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 Toaster 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 be effective, unless that law expressly or Implicitly Permits the variations by written agreement If any 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 eonvemence only and are not in 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 in writing. The successor trustee, without conveyance of the Property, shall succeed to 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 he given by delivering it or by mailing it by first class mail to die appropriate party's address on page I of this Security Instrument, or to any other address desigrinedyin writing. Notice to one trustor will be deemed to he notice to all trusters. 17. WAIVERS. Except to the extent prohibited by law, Tmstor 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 dire 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] 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. 0 ADDITIONAL TERMS. SIGNATURES: By signing hlow, Truster agrees m the temps and covenants contained in this Security Instrument and in any attachments. Tmstor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. < IFEVi'1- EY... Ya (Date) (S,iin, -0'ONJ� "m) (Sig ature7 CAB (Date) ACKNOWLEDGMENT: STATE OF N L+J r 41v , COt NTY OF unabm °at This instrument was acknowledged before me this I` day of,).(�lY�VL ... t by KEVIN L CAREY and TONJA rAppy ............ My commission expires: GENERAL NOTARY -$1311 of Nebraska' CATRINA My Comm. Exp. Aug 10, 2003- - VLII- l •f (/�1 GL _ _ .. Notary %b 1994 Ewkem Systems, Inc., SI. CIDud MN Fmm 0CP -REDT NE 111199 ®C465(NE) lsaort (pepea of a)