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<br />I ~ I ~" ;" ~ \ ,'" t . , , <br />~ ,~ 'l.. II. '\.." ',. "'~ <br /> <br />200808501 <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 I?roceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any EnVlfonmental 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 applicable law will not be effective, unless that law <br />expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be <br />enforced according to Its tenus, that section will be severed and will not affect the enforceabihty 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 tenus of this Security Instrument. Time is of the essence in this Security Instrument. <br /> <br />SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee without any other fonnality than the designatton in writing. The successor tru~tee, 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 I 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 improvement on the Property. <br /> <br />22. <br /> <br />D ADDITIONAL TERMS. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained 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 />'l!!.~I.:~ uu 9:~~? 1-~~oc~~uuuCj-~:'J!Y <br /> <br />ACKNOWLEDGMENT: <br />STATE OF N~p};:~l?1<_C! __ __ _ __ __ __ __ _ __ _ , COUNTY OF _ !t~~J-, _ __ __ _ __ __ _ n __ __ _ _ __ __ } Ss. <br />(Individual) <br />This instrument was acknowledged before me this 2 6th day of September-,,- -20,0-8 _ _ _ _ __ _ _ _, <br />by __lV!.~gp._B:~~_ JL<:pcl1ran and Janet A Cochran, Husband and-Wi-f-e ___ ,___ <br />Mycommissionexpires;"D- 29, 2008 ~)..., f::::..~~ <br />GENERAl NOTARY. StBte 01 Nebraska ' , , "" " ' "" '" <br />CHRIS L KASKIE (Notary Public) <br />My Comm. Exp. Dec. 29, 2008 <br /> <br />C-OB-09-11-000060 <br /> <br />~@ 01994 Bankers Systems, lne.. St. Cloud, MN Form OCP-REDT-NE 6/1 0/2005 <br /> <br />. -C465(NE) (0506) <br />@ <br /> <br />(page 4 of 4) <br />