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� �� `oloo�sss D. Trustor shall imrnediately noti 'ty Beneficiary in writin = as soon as Trustar has reason to helieve there is any pending or threatened investigation, claim, or proceedin� re�ating to the release or threaten�d release of any Hazardous Substance or the violatxon of any Environmental Law. 12. ESCROW FOR TAXES AND YNSURANCE. Unless otherwise provided in a separat� agreement, Trustor will not be r�quired to pay tn }3eneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAX� L�ABTLITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties un�ler this Security Instrument are joint and individual. lf 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 Secured llebt. If this Security Tnstrument secures a guaranty between $eneficiary and Trustor, Trustor agrees ta waive any rights that may prevent Beneticiary from bringing any action or claim against Trustor or any party indebted under the obli�ation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and benetit the successors and assigns of Trustar and Beneficiary, 14. SEVERABILTTY; INTERPRE"['ATION. This Security Instrument is complete and fully integrated. This Security Instrument rnay not be arnended or modified by oral agreement. Any section in this Security Tnstrument, attachments, or any agreement related to the Secured Debt that contlicts with applicable taw will not be effective, unless that law expressly or impliedly permits the variations by written agreement If any section of this Security Tnstn�ment cannot be enforced accc�rdmg to its terms, that section will be severed and will not affect d1e enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plurat and the plural the singular. The captions and headings af the sections of this Security InstrumenC are for convenience only and are not to be used to interpret or define the terms af this Security Instrument. Tim� is of th� essence in this Security Instrument. 15. SUCCESSOR TRUS1'EE. Beneficiary, at Beneficiary 's option, rnay from tirn� to time rernove Trustee and appoint a successor trustee without any other formality than the designat�on ►n writmg. The successor trustee, without conv�yance of the Property, shall succeed to all the title, power and duties conferr�d upon Trustee by this Security Instrument and applicable law. 16. NOTIC�, 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 1 of this Seeurity Tnstrument, or to any other address designated in writing. Natice 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 relatin�; to the Property. 18. LINE OF CREDIT, The Secured Debt includes a revolvin�; 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 Instrurnent is governed by the laws as agreed to in the 5ecured Debt, except to the �xtent r�quired by th� laws of the jur�sdiction where the Property �s located, and applicable federal laws and regulations. 20. RID�RS. 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] ❑ Assignment of Leases and Rents ❑ Other ............................................................................................. 2L f�:l �ONS"i'RUCTIUN LUAN. 1'his Security Instruinent is a construction security interest which secures an obligation incurr�a for th� construction of an irnprovernent an the Property. 22. ❑ ADDITIONAL TERMS. SIGNATUR�'S: I3y signing belnw, Trustor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . : .°�� . . ... . .. ... (Si ure) Juhn W. Posey - _ _ (Date} . .�.�,� -� . . . ............... .lf�::/�:�.�... - (Stgnat e) Krystef A:�3ey •� (Date) ACKNOWLEDGMENT: STATE OF .Nebraska ....................................... COUNTY OF .......��............................ ss. ° nc''"`'°a'� T`his instrument was acknowl�dg�d befnr� me this ,18th . ... ... ... ... ..� � f 2010 } b John W. Pasey. Krystal A. Posey, Hushand and Wife ...,. ................... .... ..... . ..................................................... ...... . ... ...... .... My commission expires: 6EI�Pp1.N01"A{�1-Slatedt�bbraska ............... ............. ... � .. ��..... TERRY K RATNMAN (Notary Public) � pp�, �p. Oct 21 � �It� � OO 199A eanknrs Systems, Inc., 5t. Cloud, MN Farm OCP-REpT-NE 5/10/2006 /paga A of 4/