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200303207 Application # 0121547111 D. Truster shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe mere is any pending or threatened investigation, claim, 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 separate agreement, Tmstor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT AND INDIVIDUAL LIABILITY; 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, T'ruslor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Toaster does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trustor, Trustor agrees m waive any rigghts that may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but are not limited to, any anti- dcfimeney 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 Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attaclunents, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly Permits me variations by written agreement, If any section of this Security instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceabflity of the remainder of this Security Instrument. Whenever used, the singular shall include the plural 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 usl to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time w time remove Trustee and appoint a successor trustee without any other fornnality than the designation in writing. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument mid applicable law. 16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first Class mail to the appropriate party's address on page 1 of this Security Inslmmcnt, or to any other address designated in writing. Notice to one trustor will be dermal to be notice to all lrustors. 17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights relating to the Property. 18. LINE OF CREDIT. The Secured Debt includes a revolving Ime of credit. Although the Secured Debt may be reduced to a zero balance, this Security Instroment will remain in effect until released. 19. APPLICABLE LAW. This Security Imlrument is governed by the laws as agreed to in the Secured Debt, except to me extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations. 20. RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes) ._ I Assignment of Leases and Rents =Other 21. = CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an obligation incurred for the construction of an improvement on the Property. 22. = ADDITIONAL TERMS. SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on me date stated on page 1. o-) ��71 s�� _. io � _ alar� RJORIE A HEINZ (Unto) ACKNOWLEDGMENT: � This ins meet wa��h�{o ^wI dgal before me this COUNTY OF��, )se. (IMIViMwU n _.... day of by LEO B HEINZ and NAAJORIE A HEINZ My commission cxprzc . GENERAL NOTARY $rata of Neorasla P �' fj � ATRiNAM SHUl1A — S^- for n,Aug 10 2003 (Notary Public) _ 0 199<aenkers Sys,ems, Inc.. St Cloud, MN Po,m OCP NECT NF 1/1y99 (page 4 of 4) M- C455(NE) asos1