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, :`. , . , �� �.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 <br />