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200611162 <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, clarm, or proceeding relating to the release or threatened release of any Hazardous <br />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 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 does not sign an evidence of <br />debt, Trustor does so onlyy to mortgage Trustor's interest in the Pr a to secure payment of the Secured Debt and <br />Trustor does not agree to be personally liable on the Secured Debt. If this Securityty Instrument secures a guaranty between <br />BBeneficiary and Trustor, Tmstor areas to warve any rigghts that may prevent Beneficiary from bringing any action or claim <br />e Trustor or any 1' in ehted under the gbli anon. These rights may include, but are not limited to, any <br />anti - deficiency or o"action laws. The duties and benefigts of this Security Instrument shall bind and benefit the successors <br />and assigns of Trustor and Beneficiary. <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. An 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 tmplredly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced <br />according tq 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 &hall include the plural and the plural We singular. The captions and headings of <br />the sections of this Securityty Instrument are for convenience only and are not to be used to interpret or define the terms of <br />this Security Instrument. Time is of the essence in this Security and <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 />16. NOTICE. Unless otherwise required by law, an 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 Instrument, or to any other address designated in writing. <br />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 to a <br />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 the <br />extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and 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] IIOME EQUITY ACCESS LINE <br />❑ Assignment of Leases and Rents IM Other .............................................................. ............................... <br />21, ❑ 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 />22, I$ ADDITIONAL TERMS. <br />VARIABLE RATE: THE INTEREST RATE ON THE OBLIGATION SECURED BY TIDS <br />MORTGAGE MAY VARY ACCORDING TO THE TERMS OF THAT OBLIGATION. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. Trustor so acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />'111,A ��.'.3�� °..4 ................ ...... ... "-... // -. a <br />................. <br />...... <br />/, innamrrl (Date) (ign¢wtc) (Date) <br />MONTC C. HACK SHERYL S. BACK <br />(Signature) (Date) (sign arurc) (Date) <br />ACKNOWLEDGMENT: fl <br />STATE OF ...1�1 L14' r4S. ..................... C UN Y OF ..... . G;.LIL............... ^ } s. <br />This instrument was acknowledged before me this ... f ........ day of l" li.�' L1gUk I•••J•• •. <br />by MQNTE C.HACK AND S. HACK ................................................ ........... .................. <br />• . .. <br />................................... ............................... ? ............. <br />...... • . ............ . <br />My commission expires: �Q� l t tea% <br />.............. � .. '.--�...................... <br />GENERAL NOTARY • 5tafa of Nebraska (Nomry Public) <br />L. A. RHOADS <br />My Comm. Up. Feb.1, 2O1d <br />LOAN NO.: W- 0001357923 ORIGINAL <br />p 1994 p.n — symm.a• Inc., St, Claud, MN FWf RPCgCPnEDTNE 4t9/2002 <br />Wag9 4 of 4) <br />