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<br />200611061 <br /> <br />D. Trustor shall immediately 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 Law. <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 Security Instrument are joint and individual. If Trustor signs this Security Instrument but docs not sign an evidence of <br />debt, Trustor docs so only to mortgage Trustor's interest in 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 />BeI~eficiary and Trustor, Trusto~ agrees to waive any rig,hts .that ~ay pre~ent .Benefic~ary from bringing any .ac~ion or claim <br />aga.mst.~rustor or any party mdebted uI.Ider the obl!.gatlOp. .1hese rIghts may mclude, .but are not ..IImlted to, any <br />antl-def"IClenel, ~)r one-actIOn la~s: The dutIes and benehts of thIS Secunty Instrument shall bmd and beneht the successors <br />and assIgns 0 1 rustor and BencfIcIary. <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 effective, unless that law expressly <br />or impliedly permits the variations bX written agreement. If any section of this Security Instrument cannot be enforced <br />according to Its terms, that section wIll be severed and will not affect the enforceability of the remainder of this Security <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 Instrument are for convenience only and are not to be used to interpret or define the terms of <br />this Security Instmment. Time is of the essence in this Security Instmment. <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 form~lity than the design~tion in :vriling. The successor tru~tee~ wit~out conveyance of <br />the Property, shall succeed to all the tItle, power and dutIes con/erred upon Trustee by thIS Secunty Instrument and <br />applicable law. <br /> <br />16. NOTICE. Unless 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 1 of this Security Instmment, or to any other address designated in writing. <br />Notice to one trustor will be deemed to be notice to all trustors. <br /> <br />17. WAIVERS. Except to the extent prohibited by law, 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. APPLICA~LE LAW. This SeCl~rity ~ns!rument is governed by the laws as agre~d to in the Secured Debt, ex~ept to the <br />extent reqUIred by the laws of the JunsdlctIOn where the Property IS located, and apphcable federal laws and regulatIOns. <br /> <br />20. RIDERS. The co~en~nts an~ agreements of each of the riders checked below are incorporated into and supplement and <br />amend the terms of thIS Secunty Instrument. <br />I Check all applicable boxes] <br /> <br />[XJ Assignment of Leases and Rents 0 Other.......................................................................,.,......,............ <br /> <br />21. 0 CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation <br />incurred for the construction of an improvement on the Property. <br /> <br />22. [] ADDITIONAL TERMS. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />PLATTE FARMS, INC. ~ ' <br /> <br />.......... ? w/li!fJ,................J?/!1/a6 <br /> <br />(Signatu~ (Date) <br /> <br />(Signature) <br /> <br />(Date) <br /> <br />ACKNOWL:~;~~~r.:..~. .. .~..........,.................., COUNTY OF .....{~I'l........."F........................J ss. <br />(IndiviJull) Th' W k 'wJ?j,g~ dbI' "th' ~~:~ ()f '." f?:~~ ~c.rR., <br />. by 'A$'1i)a4:nr..~."~~~i/...4lti1,4~~............. ...~. ... ... ... ....... <br />My commi s' nexpires: .......aHi:,f?~................................. <br /> <br />(Notary Puhlic) <br /> <br /> <br />GElWL NOTARY-Slale of Ko~rask~ <br />ROBERT L. DANE <br />My Comm. Exp. Ja~~~~:~~J <br /> <br />~ @ 1994 Ballkers System>, Ine" St. Clnud, MN Form OCp.REDT,NE 5/10/2005 <br /> <br />(page 4 of 4) <br />