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201iO4589 <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, clatm, or proceeding relating to the release or threatened release of any Aazardous <br />Substance or the violation of any Environmental Law. <br />12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor wi(1 not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />13. JOINT AND INDIVIDUAL LIABILTTY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOi1ND. All duties under <br />this Security Instrument are joint and individual. If Trustor signs this 5ecurity Instrument but does not sign an evidence of <br />debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and <br />Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any parry indebted under the ob[i�ation. These rights may include, but are not lunited to, any <br />anti-deficiency or one-action laws. The duties and benefits of this 5ecuriry Instrument shall bind and benefit the successors <br />aud assigns of Trustor and Beneficiary. <br />14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Securiry <br />Instrument may not be amended or modified by oral agreement. Any section in this Securiry 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 in�pliedly ne�xnits tt�e variat�ons b� written agr.eerrien2. If any sECt'►.ou of thi� Secur4ry InsKru�nent �.annat be enforGed <br />according to its terms, that section will be severed and will not affect the enforceabiliry of the remainder 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 Securit� Instrument are for convenience only and are not to be used to interpret or define the terms of <br />this Security Instrument. Tune is of the essence in this Securiry 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 formaliry than the designation m writmg. 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 party 's address on page 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 CREDTT. The 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 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 />❑ Assignment of Leases and Rents ❑ Other ............................................................................................. <br />21. ❑ CONS`TRUCTION LOAN. This Securiry Instrument is a construction security interest which secures an obligation <br />incurred for the construction of an improvement on the Property. <br />22. ❑ ADDTTIONAL TERMS. <br />SIGNATLTRES: 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 />....... . . .... . . .. .�: . .. . ............................. <br />(Signac re) Way . Bockmann (Da�e) <br />........�........ .. � .. ............................................ <br />(Signacure) Kay , E. ckmann (Dace) <br />ACKNOWLEDGMENT: <br />STATE OF ,Nebraska , COUNTY OF ..............7!��� } <br />.............. ....... ........................... ss. <br />... ... .......... . . <br />�m'"ia»a'> This instrument was acknowledged before me this .? Oth ,,,., day of . �anuary, 2011 <br />................. <br />b Wa�ne W. Bockmann; Kay . E Backmann, Husband and Wife <br />..................... .^ ............ ................... ........ . <br />..... <br />... <br />My commission expires: <br />. <br />c�uu. �aram - ssma a r�aska . . . . . . . . . . . . . ����. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <br />(Notary Public) . .. <br />TERRY K RATHMAN <br />My t�Omm. E�. Od. 21� 2013 <br />�� �O 1994 Banke�s Systems, Inc., St. Cloud, MN Form OCP-REDT-NE 5/10/2005 /page 4 of 4/ <br />