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�o��vs�oc D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending or threatened investigation, clatm, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a sepazate agreement, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY1 CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt, Trustor does so only to mortgage, Trustor's itnterest in the Prope� to secure payment of the Sccured Debt and Trustor does not agree to be personally liable on the Secured Debt. If this ecurity Instrument secures a guaranty betwaen Bane�ciary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Trustor or any �arty indebted under the obligation. These rights may include, but are not lunited to, any anti-de�iciency or one-action laws. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. 14. SEVERABILITY; INTERPRETATION. This Security Instnunettt is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law wilI not be ef�'ective, unless that law expressly or impliedly permits the variations by written agreement If any section of this Security Instrument cannot be enforced according to its tenms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plurai and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Tune is of the essence in this Security Instrument. 15. SUCCES50R TRUSTEE. Bene�ciary, at Beneficiary 's option, may from time to time remove Trustee and appoint a successor trustee without any other formality than the designation m wntitng. '1'he successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 16. NOTICE. Unless otherwise required by Iaw, any notice sha11 be given by delivering it or by mailing it by �rst class mail to the appropriate party's address on page 1 of this Security Tnstrument, or to any other address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. 17. WAIVERS. Except to the extent prohibited by law, Trustor waives all a,ppraisement and homestead exemption rights relating to the Property. 18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. 19. APPLICABLE LAW. This Security Instrument is govemed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the junsdiction where the Property is located, and applicabl8 federallaws and regulations. 20. RIDER5. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Iristrument. [Check all applicable boxes] ❑ AssignmEnt of Leases and Rettts ❑ Qther ............................................:.......:.........:.............................. 21. ❑ CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation incuned for the construction of an improvement on the Property. 22. ❑ ADDITIONAL TERMS. SIGNATURE5: By signing below, Trustor agrees to the terms and covenants contaitied in this Security Instrumeat and in any attachments. Trustor also acknowladges receipt of a copy of this Security Instntment on the date stated on page 1. �. ��'�.'. .�/'�...t.�..l.. �'... ... �� :................... ...... .................................................. . . ... .. ... ...................... (Signature) (Date) (Signature) (Date) Randal L Guggenmos ACI{NOWLEDGMENT: �,-,1,� ��, � STATE OF ....... �: �... .................... CO� ��'"`" This instrument was acknowledged before me this ....... by.................................................. My commission expires: C� J Z,6 � � OF ..... !� day �.114.�! 1.... ... .;;. _ . ............} ss. .. .�a .� .. �!�' ��/ ,/ ,. •:� .�. .........J . m � GENERAL NOTARY State of Nebraska asH�.�r �tawbr - �v Cnmm kwn ,!re:. 'e en,.. � O 1994 Bankers Syatems, Inc., St. Cloud, MN Form OCP-REDT-NE 1/31 /2003 �� (pege 4 of 41