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<br />201002482
<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 />12. ESCROW T'OR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not he
<br />required to pay to Beneficiary funds for taxes and insurance in escrow.
<br />13. JOINT AND INDIVIDiIAL LIABILTTYr 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 Properly to secure payment of the Secured Debt and
<br />Trustor does not agree to a persona ly liable on the Secured Debt. If this Security Instrument secures a guaranty between
<br />Beneficiary and Trustor, "I'rustnr agrees to waive any rigghts that may prevent Beneficiary from bringing any action or claim
<br />against Trustor or any party indebted under the obligation. 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 />14. SEVERABII,ITY; 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 conflicts with applicable law will not be effective, unless that law expressly
<br />or -mphedly permits the variations by written agreement. if any section of this Security Instrument cannot be enforced
<br />according to its terms, that section will be severed and will not affect the enforceability of the ceuaainder of this Security
<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. Time is of the essence in this Security Instrument.
<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 desig~atton to 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 />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 partyy s address on ppage 1 of this Security Instrument, or to any other address designated in writing.
<br />Notice to one trustor will be deemed to 6e notice to all trustors.
<br />17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights
<br />relating to the Property.
<br />18. LINE OF' CREDIT. '1"he 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 />19. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the
<br />extent required by the laws of the jurisdiction where the Property Is located, and applicable federal laws and regulations.
<br />20. RIDERS. The covenants and a reements 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 />^ Assignment of Leases and Rents ^ Other .............................................................................................
<br />21. ^ CONSTRUCTION" LOAN. This Security Instrument is a construction security interest which seeures an obligation
<br />incurred for the construction of an improvement on the Property.
<br />22. ^ ADDITIONAL TERMS.
<br />.,
<br />SIGNATURES: By signing below, 'Trustor agrees to the terms and covenants contained in this Security Instrument and in any
<br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1.
<br />....... .~ ........................ ~ ....~~~.......~«l~.a„
<br />........`~~g~!.... ..... ~..~...
<br />(Signature} ~~y Itch (Date) (Si~ature) Fertall Y. Fitch ~ (Date)
<br />ACKNOWLEDGMENT•
<br />STATE OF . Nehraska ..................................... COUNTY OF ......... ~' ............................. } ss.
<br />~'~'"'a°~`~ This instrument was acknowledged before me this .8th ............... day of .April, 201.0.......... _ _ ...... _ _ _ _ . _ ........ , .. .
<br />by .Gary.A_.Fitchi FerralLY_.Fitch, Husband and Wife ,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,
<br />My commission expires; 10.23.2011
<br />.............. ..Notary Public................................
<br />Mike Deine
<br />GENERAL. NOTA4IY -State trf Nebraska
<br />~ MIKE DE'sINES GENER,",i ,;., - __.~__..~ ;JU~raska
<br />pity Comm, Exp. Oct. 23, 2011 v I:_ S
<br />~` r ~ ~ 23.2011
<br />c St. Cloud, MN Form OCP-REDT-NE 5/1/2005 (page 4 of 4J
<br />®~ 1994 Bankers Systems, Inc.,
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