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<br />410 <br /> <br />200703843 <br /> <br />12. <br /> <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 />Ha~ardous Substance or the violation of any Environmental Law. <br /> <br />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 />JOINT AND INDIVIDUAL LIABILITY' CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties <br />under this Security Instrument are joint and individual. If Trustor signs this 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 /> <br />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, <br />or any agreement related to the Secured Debt that conflicts with apflicable law will not be effective, unless that law <br />expressly or impliedly permits the variations by written agreement. I any section of this Security Instrument cannot be <br />enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of <br />this 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 the terms of this Security Instrument. Time is of the essence in this Security Instrument. <br /> <br />SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, ma~ from time to time remove Trustee and appoult a <br />successor trustee without any other formality than the designatIon in writing. The succesoor 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 /> <br />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 /> <br />WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br /> <br />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 /> <br />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 /> <br />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 /> <br />D Assignment of Leases and Rents D Other ____________________ __. _." _"..... _. _ _ __ __ _ __ __ __________ __"....... _ _ _ __ _______ _ _ _ ___ __ _ _ _ _ _ _ _ _ _ _._ <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />D CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an <br />obligation incurred for the construction of an unprovement on the Property. <br /> <br />22. <br /> <br />D ADDITIONAL TERMS. <br /> <br />SIGNA TURES: By signing below, Trustor agrees to the terms and covenants contauled 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 /> <br />mmmm()A,m~u1!l4mmummumm <br /> <br />J~~~-~--JfE:~----------------------(D~t~) <br /> <br />'...... j <br /> <br />(Signature) ARTHUR E MOELLER <br /> <br />(Date) <br /> <br />ACKNOWLEDGMENT: <br />(Individual) STATE OF ~~;t?_r_~s_Jc~._ n ,,"____ "______"",,___,, _ H n.. , COUNTY OF ~_a"~J""""",,_____ ___,,"__ __ .__ __ _______ ___" } ss. <br />This instrument was acknowledged before me this 1_~~,,__ _____ Hn, day of ~_~y___2_0___.. ____________ _________________ _____ <br /> <br />~y '::;;:;;!~::;;';;;""mSHARON"u"""~m mm .. um . ummu . u u u mu m mfYJ.f) <br />_ _ _~L __ ____..__ __ ___ ___ __[lv____ <br />J;GENERAl NOTARY-Slale 01 Nebraska <br />! ASHLEY AMBROSE <br />. . _ My Comm. Exp. Jan. 5, 2009 <br /> <br />Ex:(5eie.@ 01994 Bonkors Svstems. Ino.. SI. Clo<d. MN Form OCP-REDT.NE 5/10/2005 <br /> <br />. -C465INEI (05061 <br /><!> <br /> <br /> <br />(page 4 of 4J <br /> <br />C-07-04-008743 <br />