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<br />200511613 <br /> <br />26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The successor trustee, <br />without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the Trustee by this <br />Deed of Trust and applicable law. <br /> <br />27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />to the appropriate party's address on page I of this Deed of Trust, or to any other address designated in writing. Notice to <br />one trustor will be deemed to be notice to all trustors. <br /> <br />28. V.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust: <br /> <br />o Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an improvement on <br />the Property. <br /> <br />D Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now or in the future <br />and that are or will become fixtures related to the Property. <br /> <br />D Crops; Timber; Minerals; Rents, Issues, and Profits. Trustor grants to Beneficiary a security interest in all <br />crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them including, but <br />not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) payments and similar <br />governmental programs (all of which shall also be included in the term "Property"). <br /> <br />D Personal Property. Trustor grants to Beneficiary a security interest in all personal property located on or <br />connected with the Property. This security interest includes all farm products, inventory, equipment, accounts, <br />documents, instruments, chattel paper, general intangibles, and all other items of personal property Trustor owns <br />now or in the future and that are used or useful in the construction, ownership, operation, management, or <br />maintenance of the Property. The term "personal property" specifically excludes that property described as <br />"household goods" secured in connection with a "consumer" loan as those terms are defined in applicable federal <br />regulations governing unfair and deceptive credit practices. <br /> <br />D Filing As Financing Statement. Trustor agrees and acknowledges that this Deed of Trust also suffices as a <br />financing statement and as such, may be filed of record as a financing statement of purposes of Article 9 of the <br />Uniform commercial Code. A carbon, photographic, image or other reproduction of this Deed of Trust is <br />sufficient as a financing statement. <br /> <br />29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust: <br />D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may <br />be reduced to a zero balance, this Deed of Trust will remain in effect until released. <br /> <br />D Agricultural Property. Trustor covenants and warrants that the Property will be used principally for agricultural <br />or farming purposes and that Trustor is an individual or entity allowed to own agricultural land as specified by <br />law. <br /> <br />D Additional Terms. <br /> <br />_ __ _ _ _ _ _ _ _ _ _ ~" ft _ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ ~. .... ~ _ _ _ _ _ _ _ ___ ________ _ _ _ _ _ _ _ _ _ _ _ _ _ _.. ~. ~ ~ _ ~ <br /> _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ ~ _ _ _ ^ ~ _ ~ _ _ _ _ _ ___ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.. ., _ _ _ _ __ <br /> <br />DESIGNATION OF HOMESTEAD <br /> <br />p~~.....~...t..o..t]:le Faon Jiome3tead i'rote~tion Act, desi-gn&t.j.OA of.. hom.liIt!..~ EJh,.H-.~Jul.o. <br />waived D has been disclaimed; the specific designation terms are attached to this <br />Deed of Trust and made a part hereof. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Deed of Trust and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Deed of Trust on the date stated above on Page 1. <br />D Actual authority was granted to the parties signing below by resolution signed and dated ______________________.m___________ <br />Date: Oct 18, 2005 / <br /> <br />E""tYN'm''r~circ1. " Inc. { ~ <br /> <br /> <br />(S;;;<~;;;Tiioma~4~~p;tl"eJt):..io;;J <br /> <br />Entity Name: <br /> <br />(Signature) <br /> <br />(Date) <br /> <br />(Signature) <br /> <br />(Date) <br /> <br />(Signature) <br /> <br />(Date) <br /> <br />c=J Refer to the Addendum which is attached and incorporated herein for additional <br />Trustors, signatures and acknowledgments. <br /> <br />ACKNOWLEDGMENT: <br />STATE OF __ ___ _ __ __ __ _ . .. _ __ ___ __ ___ ___ ___ _ ___ _ ___ ___ ___ ___ ___ __.. , CO UNTY OF ___ ___ ___ ___ ___ __ _ m _... ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ __ __ <br /> __ J ss. <br />This instrument was acknowledged before me this __________...._____ day of ___________________. ...""_____________________________________ <br /> <br />by _____________.. _. __ __ _ _ __ __.."" _" _ "_____________________ _ _ _ __ _ __ _._." _. ..__"___________________________ _ _ _ _ _ _ _. .. _ _ __ "____ ___________________________ <br /> _. _.. <br />My commission expires: <br />(Seal) <br /> <br />(Individual) <br /> <br />(Business <br />or Entity <br />Acknowledgment) of 1'_l1_~_l!l_E! .Circle __~_~___~_~~_~______________________________ .. ..______________________________________________ (Name of Business 01" Entity) <br /> <br /> <br />~yCo~~~;~~p~cs.......7~/L~../Li>C"nnth~n?;onb~~:;:m=o'.:t':. <br />If . ,:.;~":,.. . MAVIS' CAIN:BENTciN 'II j'm-: (N,,,,, P,blt,) <br />ii: l \. COMM 1391871 5) <br />~01. s.IGtfl.PSWillilletlIClvltttffilflilFMll.CO-ru-NE 1/30/2002 <br />..C164(N (- SAN DIEGO COUNTY - <br />@ L_o,,,,,,.,, My Comm. Expires Dec. 26, 2006 I <br /> <br />(Notary Public) <br /> <br />STATE OF ___CA.__~E:'-:::.~~~~:~"'2________________ , COUNTY OF ____S~____U~?:qi?________________ } ss. <br />This instrument was acknowledged be!?re me this ____?-~-~ day of _m_Q_~~Q_~__I_h_':?_~_~_________. <br />by --~~~~_______F~______L~_~_~~~_I'__" .."~_~~';;::_t2E~_C__/_Sg~~_~___________________ <br /> <br />_______________ __ __ _.. __. _ _. .. _ .. __ __ __ _____ _ __ __ __ ___________________________ __........ __ ___________ ___________________ _ __ _ ____ ______ __ _ _ _ __ _ _________ <br /> (Title(s)) <br /> <br />page 6 of 6 <br /> <br />Loan Number 1120720 <br />