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<br />e <br /> <br />'. <br /> <br />200606276 <br /> <br />D _ Trustor shall inllnediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending <br />or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous <br />Substance or the violation of any Environmental I .aw . <br /> <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 /> <br />13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Ss~urity lnstrwnent are joint and indi~i?ual. If Trustor s.igns this Security Instrnment but does not sign an evidence of <br />debt, I rustor does so only to mortgage I ruslor' s Illterest III the Property to secure payment of the Secured Debt and <br />Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any ri~hts that may prevent Beneficiary from bringing any action or claim <br />ag~inst.. ~rustor or any party indebted ul)der the obll~ation. . These .rights may include, .but are not ..limited to, any <br />anti-deficiency or one-action laws. The dUlles and benefits of thiS Secunty Instrument shall bmd and benefit the successors <br />and assigns of Trustor and Beneficiary. <br /> <br />14. SEVERABILITY; 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, or <br />any agreement related to the Secured Debt that conflicts with applicable law will not be etlective, unless that law expressly <br />tll'iull,.t'kdl, pe,f1ntt~-tl:.::l .....a~'-btwl'itteB---ttgf(:cmcnt;.-lf--il.Io/-St:'-wn-ofthis Se.~ri1y !ll8trw:nen~ callootb~ eofnrc~d <br />accordmg to tis terms, that sectIOn Will be severed and Will not affect the enforceability of the remalllder of tillS Secunty <br />Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of <br />the sections of this Security Instrwnent are' for convenience only and are not to be used to interpret or define the terms of <br />this Security Instrwnent. Tune is of the essence in this Security Instrwnent. <br /> <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 formality than the designation in writing. The successor trustee, without conveyance of <br />the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and <br />applicable law. <br /> <br />16. NOTICE. lJ nless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />to the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. <br />Notice 10 one trustor will be deemed to De notice to all trustors. <br /> <br />17. WAIVERS. Except to the extent prohibited by Jaw, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property, <br /> <br />18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a <br />zero balance, this Security Instrument will remain in effect until released. <br /> <br />19. APPLICABLE LAW. This Security Instrwnent is governed by the laws as agreed to in the Secured Debt, except to the <br />extent required by the laws of the junsdiction where the Property IS located, and applicable federal laws and regulations. <br /> <br />20. RIDERS. The co~en~nt~ an~ agreements of each of the riders checked below are incorporated into and supplement and <br />amend the tenns of thiS Secunty InstrumenL <br />[Check all applicable boxes] <br /> <br />QlI Ass(gnnlCnt of Lea./il;:s and Rents 0 Other",.................,............... ........................................................, ..... <br />21. D CONSTRUCTION LOAN. This Security Instrument is a construction ~ecurity im:etesl whicii-secures--an ~;bligatiOn~"- <br />incurred for the construction of an improvement on the Property. <br /> <br />22. D ADDITIONAL TERMS. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the tenns and covenants contained in this Security Instrument and in any <br />N "'''',hIDen'''. T ,,,,tm al,o "'knowledg" receipt nf a enpy nf!hi, Security I","nmen! nn the d"'e ,tated on;:. I. ~ ,'I ~ <br /> <br /> <br />~:L;~Yer;~~D? (s5t~;~:~;yn~l~t(}~reit~J- <br /> <br /> <br />ACKNOWLEDGMENT: <br />STATE OF .~~~r~~.~~...................................., COUNTY OF .~.~I.I....... ...... ..................................} ss. <br />Thi' i"dr"m^~' ....." .."L-nrowlpcl,-,pcl h('fM(' m('thi~ 10th __ __....... dav of . rv1~rc_~,)096__ __ _ __........................ <br />byHerman" ~~.. ~.~yer and Joanne G. M~,er ~ husband and wife ~ Thomas A~~~~ ..<;1~~ ..~~~~a <br />My commission expires: 12.29-2007 ~~~..~~ ...~~S~h band and wife <br /> <br />~ GENERAL NOTARY" State of Nebraska ). . -:-.---:-:-. -:-. ~y Public) <br />~ GLORIANN R. HODSON G10riann R. Hodson <br />My Comm. Exp. Dee. 29. 2fIll7 <br /> <br />(hKlividual) <br /> <br /> <br />Exj5iiire.,@ lij) .1994 Bankors Systoms, Inc., St, Cloud, MN Form OCP-REDT-NE 5/10/2005 <br /> <br />(pag8 4 of 4) <br />