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200805696 'J " I' f, t.. .. ".' I I' I (I . D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW }'OR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does not agree to be personally liable. on the S.ecured Debt. If this Security. ~nstrument s~cu~es a guara~ty betwe~n Beneficiary and Trustor, Trusto~ agrees to WaIve any ncl1ts . that may pre~ent BenefIc!-,!ry from brmgmg any .ac~lOn or claim against Trustor or any party mdebted under the obli,gatlOn. These nghts may mclude, but are not hmlted to, any anti-deficiency or one-actlOn laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by' written agreement. If any section of this Security Instrument cannot be enforced according to Its terms, that section w111 be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of th~ sectio~ of this Security In.strument are for. con,:,enienc~ only and are not to be used to interpret or define the terms of this Secunty Instrument. Tlffie IS of the essence m thiS Secunty Instrument. 15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other form,!-lity than the desig~tion in writing. The successor tru~tee, wi~out conveyance of the Property, shall succeed to all the tItle, power and dutIes conferred upon Trustee by thiS Secunty Instrument and applicable law. 16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page I of this Security Instrument, or to any other address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. 17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights relating to the Property. 18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. 19. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt except to the extent required by the laws of the junsdiction where the Property IS located, and applicable federal laws and regulations. 20. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] o Assignment of Leases and Rents 0 Other............................................................................................. 21. 0 CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation incurred for the construction of an improvement on the Property. 22. 0 ADDITIONAL TERMS. C,- ,U"Og (Date) ACKNOWLEDGMENT: STATE OF . ~.E.~~~.~~~.......... ........ .. .. ...... .. ......, COUNTY OF . ~.~~~.. .. ............ .. .. .. .. ......................} ss. This instrument was acknowledged before me this . ?I.~T.. . .. .. .. ... day of . ~~.~~~ ?qq~.. . .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. .. .. by . ~I.lf.q~~.~: ~W~.~~;. ~.~~~.y.~: ~'~~~'~~" ~.~~~A~~. ~.~~.~If~...... . ................. .\jJ;;[;L....... ......... .c;::..... ................... . My commission expires: 08.30-2010 .... . .... . ........ ... . II . ............................. (Notary Public) (Individual) j;ENERAL NOTARY.State of Nebraska TERESA PICHLER M Comm. . Au .30, 2010 ~ @ 1994 Bankers Systems, Inc., St. Cloud, MN Form OCP"REDT-NE 511012005 (page 4 of 4)