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<br />n <br /> <br />200708176 <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 does not sign an evidence of <br />debt, Trustor does 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 />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obli~ation. These rights may include, but are not limited to, any <br />anti-deficiency or one-actiOn laws. The duties and benefIts of this Security Instrument shall bind 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 cont1icts with applicable law will not be effective, unless that law expressly <br />or impliedly permits the variati~ns by' written agreement: If any section of this Se.c~rity Instrumen~ cannot ~ enforc~d <br />according to Its terms, that sectiOn Will be severed and will not affect the enforceablhty of the remamder of thiS 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 Instrument are for convenience only and are not to be used to interpret or define the terms of <br />this Security Instrument. Tlille is of the essence in this Security Instrument. <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. 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 I 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 /> <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 SecI!rity ~ns.trument is governed by the laws as agre~d to ~ the Secured Debt, except to the <br />extent reqUlred by the laws of the Junsdlchon where the Property IS located, and apphcable federal laws and regulations. <br /> <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 />l Check all applicable boxes J <br /> <br />[]I Assignment of Leases and Rents 0 Other ............................................................................................. <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. lJ ADDITIONAL TERMS. <br /> <br />SIGNATURE,S: By signing below, Trusto~ agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. 1 rustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br /> <br /> <br />H.~<<:d{Iii~~ ~Hpft//ZH1iL. H[JA;f~H.HHHf/;rr,1(J7 <br /> <br />(Signature) ROBERT l. PARKER JR y~; (Dale) (Signaffire) lORll. PARKER (~DaZ' ~ <br /> <br />ACKNOWLEDGMENT: <br />(IUdividilll) ST:'- ~E OF . ~~.~~~.~~~...................................., COUNTY OF . ~.~~~ .~9~~TY......................................} ss. <br />ThiS mstrument was acknowledged before me this .! ~.~ . ............ day of . ~~.~mJ)~~fq9~?.. .. .. . . .. .. . . . . . . . . . . . . . . .. .. . <br />by .~~~~~! ~:r.~~~.~~.J.~;.~~.~I.~..~~.~~~~,.~~.~~~.~~.~~.~ .~!~L.. . ~.......'0..... .................. .... . <br />My commission expires: 08-30-2010 <br /> <br />...... .. ...... ... ................. <br /> <br />J:ENERAL NOTARY.State of Nebraska <br />TERESA PICHLER <br />My Comm. Exp. Aug. 30, 2010 <br /> <br /> <br />~ @ 1994 Bankers 5yslerns.lnc" 51. Cloud, MN Form OCP-REDT-NE 5/10/2005 <br /> <br />(page 4 of 4) <br />