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-- . .,200610084 14. D. Trustor shall ~ed!ate~y notify. Bene. ficiary in .writing ~s soon as Trustor has reason to believe there is any pending or threatened mvestlgatlon, claim, or proceedmg relatmg to the release or !:hreatened 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, Trustor 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, Trustor does so only to mortgage Trustor's interest in !:he Property to secure payment of the Secured Debt and Trust\:?r. does not agree to ?e personally liable. on the ~ecured Debt. If this Security. ~nstrument s~cu~es a guara!lty betwe~n BenefiCiary and Trustor, 1 rusto~ agrees to waive any nghts . !:hat may pre~ent Beneflc~ary from bnngmg any .ac!lon or claim against Trustor or any party mdebled under !:he obligatIOn. These nghts may mclude, but are not limited to, any anti-deficiency or one-actlOn laws. The duties and benefits of !:his Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by ora.l agre~ment. .Any section.in this Sec~rity Instrument, attachments, or any agreement related to the Secured Debt !:hat conflicts WIth applIcable law Will not be effectlve, unless that law expressly or impliedly permits the variations by' written agreement. If any section of !:his Security Instrument cannot be enforced according to Its terms, 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 plural and the plural !:he 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 !:he 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 to time remove Trustee and appoint a successor trustee 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 duties 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 by first class mail to ~e appropriate par!y's address on page ~ of this Security Instrument, or to any o!:her address designated in writing. Notlce to one trustor wIll be deemed to be notIce to all trustors. 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 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 governed 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 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 J o Assignment of Leases and Rents 0 Other ... ....... .... ............... .................................... ... ....... .... .......... .... 21.- 0 CONSTRUCTION LOAN. This S-ecuiity-Instrument is a construction security-mterest which secures an obligation incurred for the construction of an improvement on the Property. 22. 0 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 !:his Security Instrument on the date stated on page I. ~(! g)~ ........................................................................... (SignaIUre) KIMBALL C. DENMAN (Dale) ~.,... ( 1) / ~.. f' '......... (,..: ~~...K.'" ~Q..~..................... (Signature) RHONDA K. DENMAN (Date) (Individual) ACKNOWLEDGMENT: STATE OF .~.E.~~~.~~~...................................., COUNTY OF .~.~~~..............................................} ss. This instrument was acknowledged before me this .J ~.~.. .... ;;.. ... day of . ~.qV~~~~.~,.?~~.~..... .... . . .... .. .. . .. . . .. . .... ~y .:~::i~~~:~~~::i~::~~:~:.:;E~~M~~.'.~~.~~~.~~.~~.q .\Y!~~... .~. H H; H~ H H H tH H /;" H I H /H H H H H H H . ....... . ..V&aA...-T:.lAA.~......... (Notary Publtc) TERES PICHLER ~ @ 1994 Bankers Systems. Inc., St. Cloud, MN Form OCP'REDT-NE 5/1 O/~005 (page 4 of 4)