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~- ~009~932i D. Trustor shall utunediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending or threatened investigatton, claun, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Enviromuental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided iu a separate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABII,ITYl 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 si n an evidence of debt, Trustor does so otrly to mortgage, Trustor's interest in the Property to secure payment of the ~ecured Debt and Trustor does not agree to a personally liable on the Secured Debt. If this Securityy Instrument secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any rigghts that may prevent Beneficiary from bringing any action or clahn against Trustor or any party indebted under the obli~atron. These rights may include, but are not lunited to, any anti-deficiency or one-action 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 Ittstruinent 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 effecttve, unless that law expressly or mipliedly ~ennits the variations by written agreement. If any section of this Security Tnstrumeut cannot be enforced according to its terms, that section wdl be severed and will not affect the enforceability of the remainder of this Security Instrument. Wltenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Tune is of the essence in this Security Instrument. 1.5. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other fonnaliry than the desigttatton to wrtttng. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instnment and applicable law. lb. 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 pa s address on ppage 1 of this Security Instrument, or to any other address designated in writing. Notice to one trustor will be deemed to 6e notice to all trustors. 17. WAIVERS. Except to the extent prohibited by law, Trustor waives alt appraisetneitt and homestead exemption rights relating to the Property. 1$. LINE OF CREDIT. The Secured Debt includes a revolving line of eredit. 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 Instnunent is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the jurtsdiction where the Property rs 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 attd amend the terms of this Security Ir>Stnunent. [Check all applicable boxes] ^ Assignment of /;eases and-Rents ^-£~ther- ::::..::....:...: -- - - -- ............ 21. ^ CONSTRUCTION LOAN. This Security Instrument is a construction security utterest which secures an obligation incurred far the construction of an improvement on the Property. 22. ^ ADDITIONAL TERMS. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any attaclunents. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. (Signature) WILBE A A, J~N~OHNSON . (Date) (Signature) ~te) ACKNOWLEDGMENT: STATE OF .NEBRASKA ..................................... COUNTY ~H .ADAMS.... } ........................................ ss. ~1idivsdia1~ This instrument was acknowledged before nle this .17TH .day of NOVEMBER, 2009 by .WIL9ERTA A, JOMNSONt TRUSTEE OF THE WILBERTA A. JO EVOCABLE TRUST ... ................... . . • . • • . • • • • • • • • • • My commrssron expires: 09.19.2010 .. ....t... ........... ........... .............. GENERAL NOTARY • 5t8t8 ~ Netird&ka Nary Public) JUDY A. 80UKUP JUDY A. SOUKUP '" MY Camm. .Sept, 19, 2010 .)2 ©1994 Hankers Systems, Inc., St. Cloud, MN Form OCP-REpT-NE 5/10/2005 /peDe 4 of 4)