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V 1 * <br />201103452 � <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, claun, or procceding relating to the release or threatened release of any Hazardous <br />Substance or the violation of any Environmental Law. <br />12. ESCROW FOR TAI�S AND INSURANCE. Unless otherwise provided in a sepazate agreement, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />13. JOINT AND INDIVIDUAL LIABILITYJ CO-SIGNERS; STJCCESSORS AND ASSIGN5 BOiJND. All duties under <br />this Security Instrument aze 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 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 Bene�'�ciary from bringing any action or claim <br />against Trustor or any �arty mdebted 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. SEVERABILITY; INTERPRETATION. This 5ecurity Instrument is complete and fully integrated. This 5ecurity <br />Instrument may not be amended or modified by oral agreement. Any section in this Security Instntment, 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 unp liedly permits the variations by written agreement. If any section of this Security �nstrument- cannot be enforced <br />according to its terms, that section will be severed and w�ll not aff�t the enforceabiiity of the remaincier of this Security <br />Instrumeni. Whenever used, the singular shall inolude the plural and the plural the singulaz. The captions and headings of <br />the sections of this Secunty Instnunent are for convenience only and aze not to be used to interpret or define the terms of <br />this 5ecurity Instrument. T'une 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 designarion m wnring. The successor trustee, without conveyance of <br />the Property, shall succeed to all the title, power and duties confened 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 part,y'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. LINE 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 junsdiction 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 />Bl. ❑ CE)NS�UCTION LOAN. This 5ecurity Instrument is a construction security interest which secures an obligation <br />incurred for the construction of an improvement on the Property. <br />22. ❑ �DDITTIONAI. T]E�dMS. <br />5IGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. Trustor also acl�owledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />..... . .�C� ................... .. ...... .�:'........................1.............� 2 � <br />��� • l. • � <br />� <br />CS1g �S�teven H Curtiss (�ate) (Signature) � <br />Holly A Curtiss <br />�CKNO�I.EIaG1VIEP�: <br />STATE OF ..... Nebraska ,,,,,,,,,,,,,,,,,,,,,,,,,,� COUNTY OF ......Buffalo ss. <br />.......... .......................................} <br />��'" This instrument was acknowledged before me this .... � o f ,,,Apri1,,,,,,,,,2,011 <br />......... ....................... <br />b ,,,, Stey,en, H, Curtiss, and, Eiolly„ A,Curti �„Husband, and, Wife,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , <br />My commission expires: October 15, 2014 � � <br />...�. ....... . .... ............................... <br />.. •. �(Notary Public) <br />�ENERAL P t� ,-,,�-gt'' f Ney�asi� Tobie A J son <br />i u�,c A JOHN�ON <br />My Ap t. Ex . October 15, 2014 <br />�i' " O 1994 Benkers Systems, Inc., St. Cloud, MN Form OCP-REDT-NE 1/31/2003 (page 4 Of 4) <br />