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<br />200702722 <br /> <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any <br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any Environmental Law. <br /> <br />12. 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 /> <br />13. <br /> <br />JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties <br />under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an <br />evidence of debt. Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured <br />Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a <br />guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from <br />bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but <br />are not limited to, any anti-deficiency or (me-action laws. The duties and benefits of this Security Instrument shall bind <br />and benefit the successors and assigns of Trustor and Beneficiary. <br /> <br />SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security <br />Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, <br />or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law <br />expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be <br />enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of <br />this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions <br />and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or <br />defme the terms of this Security Instrument. Time is of the essence in this Security Instrument. <br /> <br />SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary I s option, may from time to time remove Trustee and appoint a <br />successor trustee without any other formality than the designatIOn in writing. The successor trustee, without <br />conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security <br />Instrument and applicable law. <br /> <br />NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class <br />mail to the appropriate party I s address on page I of this Security Instrument, or to any other address designated in <br />writing. Notice to one trustor will be deemed to be notice to all trustors. <br /> <br />WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br /> <br />LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced <br />to a zero balance, this Security Instrument will remain in effect until released. <br /> <br />APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to <br />the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and <br />regulations. <br /> <br />RIDERS. The covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the terms of this Security Instrument. <br />[Check all applicable boxes] <br /> <br />D Assignment of Leases and Rents D Other __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ __ _ _ __ __ __ __ __ __ __ __ __ _ __ _ _ __ __ <br /> __ ____ <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />20. <br /> <br />21. <br /> <br />D CONSTRUCTION LOAN. This Security Instrument is a construction security interest which secures an <br />obligation incurred for the construction of an improvement on the Property. <br /> <br />22. <br /> <br />D ADDITIONAL TERMS. <br /> <br />SIGNA TURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in <br />any attachments. Trustor also ac~owledges t:~ceipt of a copy of this Security Instrument on the date stated on page 1. <br /> <br />~.~~..........(D;;;) 4.;;,~~~~~m.........(D;~) <br /> <br />ACKNOWLEDGMENT: <br /> <br />(Individual) STATE OF ~l:l:b_Z:~~_lc~ __ __ __ __ ____ _ ______ _______________ __ __ , COUNTY OF ~~s_ ____ __ __ __ __ __ ____________ ____ __ __ _ _____ __ _ __ } ss. <br />This instrument was acknowledged before me this ~_6-,~1:l.______________ day of ~~_r_cQ..?()O'7 ._ ____________________________ <br />by ~()])1~ _',1 __ ~:r~_F()R:'l'H., .~:r~~. l:. )~=tAINFORTH <br />My commission expires: <br /> <br /> <br />J GENERAL NOTARY. State 0' N~~~' <br />MICHELLE M. CALLAHAh <br />7' = My Comm. Exp. Aug. 18.2008 <br /> <br />C-07-03-00S817 <br /> <br />Ex{5ere.'i; 01994 Sankors Systems, Inc., St. Clotd, MN Form OCP-REDT-NE 6/10/2006 <br /> <br />. -C465(NE) 1050B} <br />@ <br /> <br />(page 4 of 4) <br />