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200707411 D. Trustor shall inunediately 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, Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 13. JOINT A~ INDIVIDUAI~ ~IABI~IT:V; CO-S~GNERS; .SUCC.ESSOR.S AND ASSIGNS BOUND: All dut~es under this Secunty Instrument are Jomt and rndlVldual. It Trustor signs thiS Secunty Instrument but does not Sign an eVidence of debt, Trustor docs so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trustor, Trusto~ agrees to waive any rights. that may pre,,:ent Benefic~ary from bringing any .ac~ion or claim against . ~rustor or any party mdebted ut.tder the obl!satlon. . These rights may mclude, .but are not .!tmlted to, any anti-deficiency or one-action laws. The duties and benefits of thiS Secunty Instrument shall bmd 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 imp.liedly permits the variati~llls by' written agreement: If any .section of this Se~~rity.lnstrumen~ canno~ ~ e!lforc~d according to ItS terms, that scctlon Will be sevcrcd and Will not affect the enforceabl!tty of the remamder of thiS Secunty 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. Tune is of the essence in this Security Instrument. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a successor trustee without any other form~lity than the design~tion in writing. The successor tru~tee, wi~out conveyance of the Property, shall succeed to all the title, power and duttes conferred upon Trustee by thiS Secunty Instrument and applicable law. 15. 16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by 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 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, tltis Security Instrument will remain in effect until released. 19. APPLlCABI,E I,A W. 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 tlte terms of tltis Security Instrument. [Check all applicable boxes] D Assignment of Leases and Rents D Otlter ............................................................................................. 21. [J 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. D 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 this Security Instrument on the date stated on page 1. ~.\)....(}~~.............................n7.~Ip.~ ..~.~~...................~H(P..}..... ) JUSTIN P. OSEKA (Date) (Signature) ANNA L. OSEKA (Date) (Individual) WLEDGMENT: STATE OF .~.E.~~~.~~~... .... .............. ...... ....... .., COUNTY OF .~.~~~.... ....................... ...................} ss. This instrument was acknowledged before me this . ?~.~~.............. day of . ~~~~.~~,.?O.~?................................. by . ~~.~T!~ t. ~.~~~~; .~~.~~ '~" g~.~~~: .~~~.~~~.q .~~P. WI.F.~,. my~.q~. . . . .~. . . . . . . . . . .. . ." . . . . . . .. '~.'. ..... .'. . . .. . . . . . . .. .. .. .. .. .. .. .. .. .... . My commission expires: . ~ ,VL . / .L- GENERAL Ng~~E S~~~:~bt~~ ~ '~OPPE .. . ... .. .. .. (N~;t)ii~ i . . . . . . . . . . . . . . . . .. .. . .. .. .. .. .. . Comm. . A ril29, 2008 ~ @ 1994 Bankers Systems. Inc.. St. Cloud, MN Form OCP-REDT-NE 511012005 (page 4 of 4)