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Application # 0122763402 <br />200410'780 <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the <br />Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not extend or <br />postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the <br />Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from <br />damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before <br />the acquisition. <br />20. 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 />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary union request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary's lien status on the Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this <br />Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt, <br />Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does not <br />agree to be personally liable on the Secured Debt. If this Secur% Instrument secures a guaranty between Beneficiary and <br />m <br />Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against Trustor or <br />any party indebted under the obligation. These rights may include, but are not limited to, any anti - deficiency or one - action <br />laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, modify or make any change in the <br />terms of this Security Instrument or any evidence of debt without Trustor's consent. Such a change will not release Trustor <br />from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the <br />successors and assigns of Trustor and Beneficial. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the <br />Purisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />roperty is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or <br />modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured <br />Debt that conflicts with applicable law will not be effective, unless that law expressly or irnpliedly permits the variations by <br />written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be <br />severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall <br />include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for <br />convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in <br />this Security Instrument. <br />24. 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 designation in writing. The successor trustee, without conveyance of the <br />Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the <br />appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one <br />trustor will be deemed to be notice to all trustors. <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights relating <br />to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br />= Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduced to a zero balance, this Security Instrument will remain in effect until released. <br />= Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property. <br />0 Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the future and <br />that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and <br />any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform <br />Commercial Code. <br />0 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. [Check all applicable boxes] <br />0 Condominium Rider = Planned Unit Development Rider = Other <br />.......... ............................... <br />Q Additional Terms. <br />SIGNATURES: By signing below, Trustor agrees to the terms 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 />10 <br />L <br />............ .... �.- � ............................... ...................ln� .....:�:�����.Q Z... J.�? gig. �� / <br />(S-i re) JUAN M HERNANDEZ (Date) (Signature) AL NA HERNANDEZ (Date) <br />ACKNOWLEDGMENT: Ip �n f <br />STATE OF ........... ! l Y /.Y � . . ................ ,COUNTY OF .... �` C.� �. ........... r .. ... }ss. <br />(Individual) This instrument was acknowledge before me this (,i 11 da of . / <br />g Y C�1!✓ ., ..b ................. <br />by JUAN M HERNANDEZ and ALINA HERNANDEZ <br />.............................................................................................. <br />....... <br />My commission expires ­ ------- <br />—_ —� <br />e, i 4RA_ NOTARV- Stater of ke�*r¢+s' <br />i �11APt ar3 <br />M. HOLMES <br />4 (ray. comm. UP. May 22, 2007 (Notary Public) <br />1994 Bankers Systems, Inc., St. Cloud, MN (1-809-397-2341) Form RE -DT -NE 10/27/97 r ,_V\ S uyy�a,,� U,,,,S (page 4 of 4) <br />�®C165(NE) (9808) �° s -aka,_ YS ,`SCca , Ste' 4�`a vin o�.[� 2�. <br />NOTARY PUBLIC - State of Kansas <br />..RCEERTA A. STAUTH <br />