, :`. , . , �� �.1�� ��7 8 5
<br />D. Trustor shall immediately notify Bene�ciary 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 TAXES AND INSURANCE. 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. JOIN'I' AND INDIVIDUAL LIABILITY? CO-SIGNERS; SUCCESSOR,S 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 onl to mortga e Trustor's interest in the Property to secure paym,ent of the Secured Debt and
<br />Trus'tor does not agree to be personally liable on the Secured Debt. If this Security Instrutnent secures a guaranty between
<br />Bene�ciary and Trustor, Trustor agrees to wazve any rights that may prevent Beneficiary from bringing any action or claim
<br />against Trustor or any �arty indebted under the obligation. These rights may include, but are not limited to, any
<br />anti-deficiency or one-act�on laws. The duties and benefits of this Security Instrument sha11 bind and bene�t the successors
<br />and assigns of Trustor and Beneficiary.
<br />14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. T'his Sacurity
<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, uttless that law expressly
<br />or impliedly �ermits 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 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 Security Instnunent 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 Security Instrument.
<br />15. SUCCESSOR TRUST'EE. Bene�ciary, at Beneficiary 's option,.may from time to time remove Trustee and appoint a
<br />successor trustee without any other formality than, the designation m wnting. 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 �rst 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 be �notice to all trustors.
<br />17. WAIVERS. Except to the extent prohibited by law, Trustor waives al.l 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 governed by the laws as agreed to in the Secured Debt, excapt to the
<br />extent required by the laws of the juttsdiction 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 suppletnent and
<br />amend the terms of this Security Instrument.
<br />[Check all applicable boxes]
<br />❑ Assigciment of Leases and Rents ❑ Other .............................................................
<br />................................
<br />21. ❑ CONSTRUCTION LOAN. This Security Instrument is a construction security 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 ternns 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 />.....��•'•°�. ..G.......t... ........................:�:.`.','� ......�:�L�,,,.�.,.,.lC���-L �``f---�l
<br />.. . . . f �C . .`'�,. ... . . ........... .... . . . ..........
<br />(Signature) (Date) (Signature) (Date)
<br />David J Phinney Debra K Phinney
<br />ACKNOWLEDGMENT:
<br />STATE OF ..... Nebraska,,,,,,,,,,,,,,,,,,,,,,, ,,, COUNTY OF Hall }
<br />c�a��au�� �is instrument was acknowledged before me .... 4th,,,,, day of ...May,,,,,,,,,,,,,2,011, .�.,,,.:::::; ss:
<br />this
<br />by ....Da,v,id„J, PhinneY..and„Debra„K,PhinneY ............................................ ....................... .
<br />My commission expires:
<br />���,/�. P
<br />.• ..• ""�"_Kti/�..... ��....• .......................
<br />otary blic)
<br />Marla K. Harris
<br />GENERAL NOTARY - Shafia af Nebraska
<br />AAARLA K. HARRiS
<br />My Comm. Exp. Juty 8, 2013
<br />�i7� �O 1994 Bankers Systems, Inc., St. Cloud, MN Form OCP-REDT-NE 1l31 /2003 (pege 4 of 4J
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