|
2Q110547�
<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, claim, or proceeding relating to the release or threatened release of any Hazardous
<br />Substance or the violation of any Environmenta] Law.
<br />12. ESCROW �OR 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. JOINT AND INDIVIDUAL LIABILITYt CO-SIGNERS; SUCCESSORS 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 only to mortgage Trustor's interest in the Prope to secure payment of the Secured Debt and
<br />Trustor does not agree to be personally liable on the Secured Debt. If this�ecuri Instrument secures a guaranty between
<br />Beneficiary and Trustor, Trustor agrees to wa�ve any rights that may prevent Bene�iciary from bringing any action or claim
<br />against Trustor or any �arty indebted under the obligation. These rights may include, but are not hmited to, any
<br />anti-de�ciency or one-action laws. The duties and bene�ts of this Security Instrument shall bind and bene�t the successors
<br />and assigns of Trustor and Beneficiary.
<br />14. SEVERABILITY; IN'1'ERPRETATION. This Security Instrument is complete and fully integrated. T'his Security
<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, unless that law expressly
<br />or impliedly permits the variations by written agreement. If any sectio�n of this Security Ynstrument cannot be enforced
<br />according to its terms, that section will be severed and will not affect the enforceability of the remainder of this 5ecurity
<br />Instrument. Whenever used, the singular sha11 include the plural and the plural the singular. The captions and headings of
<br />the sections of this Security Instrument are for convanience only and are not to be used to mterpret or define the terms of
<br />this Security Instrument. 'Time is of the essence in this Security Instruznent.
<br />15. SUCCES50R TRUSTEE. Bene�ciary, at Bene�ciary 's option, may titne to time remove Trustee and appoint a
<br />successor trustee without any other fornnality than the designation m wnting. The successor tzustee, without conveyance of
<br />the Property, sha11 succeed to a11 the title, power and duties conferred upon Trustee by this Security Instruznent and
<br />applicable law.
<br />16. NOTICE. Unless otherwise required by Iaw, any notice sha11 be given by delivering it or by mailing it by first class mail
<br />to the appropriate party's address on page l this Security Instrument, or to any other address designated in writing:
<br />Notice to one trustor will be deemed to be notice to a11 trustars.
<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 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. T'he 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 boxesj
<br />❑ Assignme�-�t of Leases and Rents ❑ Othe� .............................................................................................
<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 terzns 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 />�.'.�..f .. .. . ... .........`-.c.-..�. ............... ............... ... .. .. . . . . . .,.....�.�f�7�
<br />(Signature) (Date) ( gnature) (Date)
<br />Maurice A Shellhaas Cynthia J Shellhaas
<br />ACKNOWLEDGMENT:
<br />STATE OF ..... Nebraska ............................ COUNTY OF ......HaII.......................................} ss.
<br />(Individuaq �is instrument was acknowledged before me this ....24th,,,,,,,,, day of .,.June,,,,,,,,,,,2,011,,,,,,,,,,,,,,,,,,,,,
<br />b y ....Maurice, Shellhaas, Cynthia„Shellhaas .................................................,................. ,
<br />My comtnission expires: lt���'�-M�
<br />. . . . . . . . . . . . . . � r. �� ���!�-� . . . . . . . . . . . . . . . . . . . . .
<br />������� (Notary Public)
<br />�RI�FER A. MCiKEON
<br />1�yComm. Exp. �t 13, �14
<br />�j(�2 M OO 1994 Bankers Systems, Inc., St. C(oud, MN Form OCP-REDT-NE 1l31/2003 (Page 4 of 4)
<br />
|