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200213599 <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any <br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any Environmental Law. <br />12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />13. JOINT AND INDIVIDUAL LIABILIPY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties <br />under this Security Instrument are joint and individual. If Trustor signs [his Security Instrument but does not sign an <br />evidence of debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured <br />Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a <br />guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from <br />bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but <br />are not limited to, any anti - deficiency or one - action laws. The duties and benefits of this Security Instrument shall bind <br />and benefit the successors and assigns of Trustor and Beneficiary. <br />14. SEVERABR,ITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security <br />Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, <br />or any agreement related to [he Secured Debt that conflicts with appplicab le law will not be effective, unless that law <br />expressly or imp1, fy RerrniIs Iha variations by written agreement. IY any section of this Security Instrument camtot be <br />enforced according m rts terms, that section will be severed and will not affect the enforceability of the remainder of <br />[his Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions <br />and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or <br />define [he terms of this Security Instrument Time is of the essence m this Security Instrument. <br />15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee without any other formalityty than the designation in writing. The successor trustee, without <br />conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security <br />Instrument and applicable law. <br />16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class <br />mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in <br />writing. Notice to one trustor will be deemed to be notice to all trustors. <br />17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br />18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced <br />to a zero balance, this Security Instrument will remain in effect until released. <br />19. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to <br />the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and <br />regulations. <br />20. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the terms of this Security Instrument. <br />[Check all applicable boxes] <br />0 Assignment of Leases and Rents E--1 Other <br />21. 0 CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an <br />obligation incurred for the construction of an improvement on the Property. <br />22. El ADDITIONAL TERMS. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in <br />any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />,K <br />1 <br />(si mra)ROBERT C ALMQUIST <br />(Date) is;' <br />la ) Y L ALMQUIST <br />(Dual <br />ACKNOWLEDGMENT: <br />STATE OF Nebraska <br />, COUNTY OF Hall <br />)ss. <br />This instrument was acknowledged before me this29th <br />day of November_ 2002 <br />_. <br />by ROBERT C ALMQUIST. <br />My commission expires: <br />AMY L ALMQUIST <br />_ /1 <br />fMIALNOTARY•StO0Bl <br />(N'olary Public) <br />ANNEITE DAVIS <br />r <br />MyComm.Exi.Malla Mb <br />QIp9<BmNeis 9ys�em6 loo.. St w <br />o�m OCP AEDYNE I /13flV <br />(pcge4of4) <br />d C465(NE) ryc(2).02 <br />