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200305563 Application # 0121738470 D. Truster shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there 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, Truslor will not in- 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 arujoinl and individual. If Trustor signs this Security Instrument but does not sign an evidence of debt, Truster does so only to mortgage Trustor's interest in the Properly to secure payment of the Secured Debt and Trustor does not agree m be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Truster, Truster a ees to waive any ri¢his 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- deficiency, or one - action laws. The duties and benefits of this Security hedrame it 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, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, 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 terms, that section will be severed and will not affect the enforceability of the rental 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 used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiaryry's option, may from time to time remove Trustee and appoint a successor tmstu; without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duocs conferred upon Trustee by this Security Instrument and applicable law. 16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it b first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one trustor will be deemed to he notice to all trusters. 17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisemenl and homestead exemption rights relating to the Property. 18. LINE OF CREDIT. The Secured Dcbt includes a revolvhig line of credit. Although the Secured Debt my be reduced to a zero balance, this Security lie trument will remain in effect until released. 19. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the 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. [Cheek all applicable boxes] 0 Assignment of Leases and Rents = Other . . 21. 0 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, Truster 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 the date stated on page 1. _�1_5 6a lgoa B R 5 ERS ( me) (Sigaemte) WENDY lIMMERS (Dare) ACKNOWLEDGMENT: STATE OFlr /�{Q�l(Qt� , COUNTY OF This instrument was acknowledged before me this by BRIAN R SUMMERS and WENDY S SUMMERS My commission xpir :GfXEAAL NOTARY-State of XEhrasta X CATRINA M. SHUDA ,. hly Comm. Exp. Aug. 10 .2003 © 1994 Bankers Sy tems, Inc., S I C loud, MN From MF PEOT NE 1119199 (M®Culei ) p9m th -L-Y.. I .... )as. day of (NUlary Pobhu) (page 4 or4)