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<br />200700100 <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br />to the Grantor. Ifthe Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt inrmediatcly <br />before 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 upon request, any <br />financial statement or infonuation 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. AU duties under <br />this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an evidence of <br />debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and <br />Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligation. These rights may include, but are not limited to, any <br />anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify or make any change in the tenus of this Security Instrument or any evidence of debt without Trustor's consent. <br />Such a change will not release Trustor from the tenus of this Security Instrument. The duties and benefits of this Security <br />Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the <br />jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where <br />the Property is located. This Security Instrument is complete and fully integrated. This Security Instrwnent may not be <br />amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to <br />the Secured. Debt that conflicts with applicable law will. not be effective, unless.. that law expressly or impliedly penuits the <br />variations by written agreement. If any section of this Security Instrument cannot be enforced according to its tenus, that <br />section will be. severed and will not affect the enforceability of the remainder of this Security Instrwnent. Whenever used, <br />the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security <br />Instrument are for convenience only and are not to be used to interpret or define the tenus of this Security Instrument. <br />Time is of the essence in 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 fonuality than the designation in writing. The successor trustee, without conveyance of <br />the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and <br />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 <br />to the appropriate party's address on page 1 of this Security Instrument, or to any oilier address designated in writing. <br />Notice.Jo one trustor will.bedeemedJo be notice to all LrllSlOIS.___ <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br />27. OTHER TERMS. If checked, the following are applicable to iliis Security Instrument: <br /> <br />D 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 />D Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property. <br />D Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br />and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing <br />statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the <br />Unifonu Commercial Code. <br /> <br />D Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the tenus of this Security Instrument. [Check all applicable boxes] <br />D Condominium Rider D Planned Unit Development Rider D Other... ................ ................ .... ........... <br />D Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to tbe tenus and covenants contained in this Security Instrument and in any <br />attacbments. Trustor also acknowledges receipt of a copy of this Security Instrumcnt on thc date statcd on page 1. <br />HAYES, HAYES &SOTO INVESTMENTS, LLC .J I <br /> <br />p~l4..- ~n. n n n n n n n n n n n..... n n n IzjgPt A~ n n/n Ab~n n n n n n n n 4/. 6&/'% <br />(Signature) BR~S, MEMBER; ANTHONY J. SOTO, MEMBER (Date) (Signature) AOAM L. HAYE~.I MEMBE'j;' "r/J.... (Date) <br />a "".,I\-IL ^... j, 11 {).J5... <br />ACKNOWLEDGMENT: -f .. "v\Vur'U {7 <br />STATE OF .......N...~~\<.:f:r................, COUNTY OF .....~y.EFR.~L7..............,...........} ss. <br />(In1ividual) This i~tr~ent was ackn9~ledg~d j~~fore. me this ...... Z -:i?4:Jr. .. day of '/i ~D.e, t. .e.rn...ntl-1. .'/- .?P(?b. . . . . <br />by 13. 0.;.M.I,.,~),~",.t:r.().(W).ld1()Mf,1l.fTitt\ktI.l--L....nfu.G.Y.t.~. .~, .~t.o"'~."'" ... ..J!:j...... .......... " <br />My commission expires: H~, \1-~.!:v)t.- s.o~ '-:L'If\Jv'-t~,;1--,"~) LlL-). A 1\JE- tprpmttl-:t"'7\ <br />... ........ (J'n}'l1i' ft(}aWJtii&v..................... <br />"'$1~:i3';,. TONIA KONWINSKI '1 /1 L"-, <br />I5<{5iiiiTJ: @1994 B f:{o~y.~. Ino1~'i'it(<tIQIf~':~OffexPRSNE 30/2002 (page 4 of 4) <br />:. ..IIOotAfH.' ,= <br />.....f~ei;,l,;~r/ May 15, 2009 <br />"1'1111" .__...,_ <br /> <br />\ i <br />