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20110298� <br />D. Trustor shall immediately notify Bene�iciary 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 FOR TARES AND INSiJRANCE. 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 />13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; 5iTCCESSORS AND ASSIGNS BOTJND. All duties under <br />this Securiry 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 Property to secure payment of the Secured Debt and <br />Trustor does not agree to 6e personally liable on the Secured Debt. If this Securiry Instrument secures a guaranty between <br />Bene�ciary and Trustor, Trustor agrees to waive any rights 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 lunited to, any <br />anti-de�ciency 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.I1'Y; INTERPRETATION. This Security Instrument is complete and fully integraied. This Securiry <br />Instrument may not be amended or modif'ied by oral agreement. Any section in this Security Instnunent, 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 unpliedly �ermits the variations by written agreement. If any section of this Security Instrument s;a.nnot ,be enforced <br />according to its terms, that section w�il be severed and will not affect the enforceability of the remaiader of this Securiry <br />Instrument. Whenever used, We 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. Tvme is of the essence in this Security Instrument. <br />15. SiJCCESSOR TRU51'EE. Beneficiary, at Bene�ciary's option, may from time to time remove Trustee and appoint a <br />successor trustee without any other formality than the designation m wntmg. The successor trustee, without conveyance of <br />the Properly, shall succeed to all the title, power and duties confened upon Trustee by this Securiry 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 Securiry Instrument, or to any other address designated in writing. <br />Notice to one trustor will be deemed to be notice to a11 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. L1NE OF CREDIT. 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 govemed 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 �s 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 Iustrument. <br />[Check all applicable boxesJ <br />0 Assignment of Leases and Rents ❑ Other ......................................................:...................................... <br />21. � CONSTKLICTION LOAN. This Security Instrument is a construction securiry interest which secures an obligation <br />incurred for the construction of an improvement on the Property. <br />22. ❑ ADDITIONAL TERMS. <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 />� <br />......� ........... .......................................... ... ............................. .............................. <br />. ..... .. . ... .. . . <br />(Signature) T Na�) ��) LISA A. BARTZ (Date) <br />ACSNOWLEDGMENT: <br />STATE OF NEBRASKA , CO Y OF .HALL ..............................................} ss. <br />��"�� This instrument was acknowledged before me this .5TH ........... o f . APRI� 2U11 .................................... <br />b . TIMOTHY D..BARTZ• LISA A. BARTZ, HUSBAND AND ..... <br />My commission expires: 08-30•2014 . . . ..... ... .. ........ ........ . ... �........ .. . ........ <br />�. <br />(NotarY Public) <br />TERESA PICHLER <br />�, NQTppV•�e OiAlebt�l� <br />��sn P��a <br />Comm. . �.2014 <br />�� � 1994 Bankere Systems, Irx., St. Cloud, MN Form OCP-REDT-NE 5(tOt2006 (pege 4 Of 4J <br />