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200213598 D. Trustor 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. 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 Tomlin. a 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 Truster or any party indebted under the obligation. These rights may include, but are not limited to, any anti -dc at or one -actim aws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 14. SEVERABILITV; INTERPRETATION. This Security Inatrurnern 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 mid will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plus] 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 f nowhty 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 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 tmstor will be dcemcxl to be notice to all trustors. 17. WAIVERS. Except to Ore extent prohibited by law, Trustor waives all appraisemem 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 alp-Led 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] = 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 m 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 rex:cipt of a copy of this Security Instrument on the date stated doon page 1. (S�som�relGERAL B LUTHE (Dace) (s',Mrc SUSAN M KLUT E (Dine) 6CM ;5.DL19 A q 1ZHt41 a1CY 1 STATE OF Nebraska , COUNTY OF Hal l Iss. pnei "eua1� This instrument was acknowledged before me this26th day of November 2002 by GERALD B KLUTHE, SUSAN M KLUTHE My commission .GENEPAL N�.AflY SGb aI NBI'.'. r� MARK E. %"&- c L ' - My Ed61a. i[P. /WQ, ITS INOeary Public) 01994 emueo s ystem$, In, s: 0100 u s ro,m oca -erw NP 1 /11 ryy (pcge 4 or 4) C46504El (99112)02