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<br />200708952 <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. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting <br />from damage to tbe Property before the acquisition shall pass to Beneficiary to tbe extent of tbe Secured Debt immediately <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 (0 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. All 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 arc not limited to, any <br />anti-deficiency or one-action laws. Trustor agrees tbat Beneficiary and any party to this Security Instrwnent 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. Tbe duties and benefits of this Security <br />Instrument shall bind and benefit tbe successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. Tbis Security Instrument is governed by the laws of the <br />jurisdiction in wbich 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 Instrument 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 tbat 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 Instrument. Whenever used, <br />the singular shall include tbe plural and the plural the singular. The captions and beadings of tbe sections of this Security <br />Instrument are for convenience only and are not to be used to interpret or define tbe tenns 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 otber 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 sball 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 other address designated in writing. <br />Notice to one trustor will be deemed to be notice to all trustors. <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to tbe Property. <br />27. OTHER TERMS. If checked, tbe following are applicable to this Security Instrument: <br /> <br />o Line of Credit. Tbe Secured Debt includes a revolving line of credit provision. Although tbe Secured Debt may be <br />reduced to a zero balance, this Security Instrument will remain in effect until released. <br />o Construction Loan. Tbis Security Instrument secures an obligation incurred for tbe construction of an improvement <br />on the Property. <br />o 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. Tbe covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the tenus of tbis Security Instrument. [Check all applicable boxes] <br />o Condominium Rider 0 Planned Unit Development Rider 0 Other.................................................. <br />o Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the tenus and covenants contained in this Security Instrument and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br /> <br /> <br /> <br /> <br />iSi;;'~~..........................iD;~j. iSi;;.;.;;;;j................. .................................. ..... .(D.~).. <br /> <br />ACKNOWLEDGMENT: <br />STATE OF N.~aaAS~A........ ..................... .... ..., COUNTY OF aUfFALQ...........................................} ss. <br />This instrument was acknowledged before me this ........ .1.3T........ day of ......... ........... AUl3.USJ. 2007......... .. .. .. .. . <br /> <br />~y ~=~~~;~~: ~~~:,;;...................... ~hi.Ui"" . ................................ . <br /> <br /> <br />(Notary Public <br /> <br />(IlJdivklUBI) <br /> <br /> <br />TONIA KONWINSKI <br />~ @1994Bonko,.Systoms.lnc..St. Cloud. MN Form RE-DT-NE 1/30/2002 <br /> <br />(page 4 of 4J <br /> <br />ff!!f.:\ <br />.*" .':g." <br />;. .iIIOTMn' : <br />\..~A$.i <br />'IUII'_' <br /> <br />1'OM~ <br />M'I COMMISSION EXPIRES <br />May 15, 2009 <br />