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<br />200802761 <br /> <br />. <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />thc Secured Debt, whether or not then due, at Beneficiary's option. Any applicalion of proceeds to principal shall not <br />extend or postpone the due date of the schedulcd paymcnt nor change the amount of any payment. Any excess will be paid <br />to thc Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resuHing <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of Ihe Secured Debt ilmnedialely <br />bcforc thc acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreemenl, Truslor will nol be <br />required to pay to Bencficiary funds for taxes and insurance in escrow. <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial stalement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign. deliver, and file allY <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under Ihis SecurilY Instrwnent and Beneficiary's lien SlaWS on the Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrwnent 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 docs not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranly between <br />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevcnt Bcnefieiary from bringing any action or claim <br />against Trustor or any party indebtcd under the obligation. Thcse rights may include, but are not limited to, any <br />ani i-deficiency or one-aclion laws. Trustor agrees Ihal Beneficiary and any parly to this Sccurity Instrument lllay extend, <br />modify or make any change in Ihe lerms of this Security Inslrument or any evidence of dcbt without Trustor's consent. <br />Such a change will not release Trustor from the tenns of this Security Instrument. The duties and benefits of this Security <br />Inslrumenl shall bind and benefitlhe successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrwnent 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 Instrument may not be <br />amended or modified by oral agreemcnt. Any section in this Security Instrument, attachmenls, or any agreement relaled 10 <br />tbe Sccured Debt that conllicts with applicable law wi1\ not be effective, unless that law expressly or ilnpliedly permits Ihe <br />variations by written agreement. If any scction of this Sccurity Instrument cannot be enforced according to its terms, thai <br />section will be severed and will not affect the cnforccability of the remainder of this Security Instrument. Whcnever used, <br />the singular shall include the plural and the plural the singular. Thc captions and hcadings of the sections of this Securily <br />Inslrwnent are for convenience only and are not to be used to interpret or definc thc tcnns of this Security Instrumcnt. <br />Tilne is of the essence in this Security Instrument. <br />24. SUCCESSOR TRUSTEE. Bcncficiary. at Bcneficiary's option, may from tilne to tilne remove Truslee and appoint a <br />successor trustee wilhout any other formality than the designation in writing. Thc successor trustee, without conveyance of <br />the Property, shall succeed to all the title. powcr and dutics conferred upon Trustee by this Security Instrwnent and <br />applicable law. <br />25. NOTICE. U nlcss othcrwisc required by law, any notice shall bc given by delivering il or by mailing it by first class mail <br />to the appropriatc party's addrcss on pagc 1 of this Security Instrument, or to any olher address designated in writing. <br />Notice to one trustor will be deemed to be notice to all trustors. <br />26. WAIVERS. Exccpt to thc extcnt prohibitcd by law, Trustor waives all appraisement and homestead exemption rights <br />relating to thc Property. <br />27. OTHER TERMS. If checkcd. thc following arc applicablc to this Security Instrument: <br /> <br />o Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Dcbt may be <br />reduced to a zero balance, Ihis Security Instrwnent will remain in effect until released. <br />D Construction Loan. This Security Instrwnent secures an obligalion incurred for the COllstruction of an improvemcnt <br />on the Property. <br />D Fixture Filing. Trustor granls 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 10 Ihe Property. This Security Instrumcnt sufficcs as a financing <br />statement and any carbon, pholographic or other reproduction may be filed of record for purposcs of Article 9 of thc <br />Uniform Commercial Code. <br /> <br />D Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplemcnt and <br />amend the tenns of this Security Instrument. [Check all applicable boxes] <br />D Condominium Rider D Planned Unit Developmenl Rider D Other .................................................. <br />D Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants containcd in this Sccurity Instrument and in any <br />attachmcnts. Trustor also acknowlcdgcs rcceipt of a copy of this Security Instrument on the date stated on page 1. <br /> <br /> <br />/ <br />~ I!~ ..- <br />-.err. ..' . """" ,':',~ "," ".... ..,.' ".,..,,",.,,';>;;">'"- <br />" ...... - .. ----.. ... .1-."-"- .- <br />.,..;1" ~ ' ..., ~ ,/ ....;..::.::'" /'J~ ,."."".., . ''''''''''. ~.:.r. <br />. <;:, '& .- ._ .., 'r. )m' ." ..' ....~'.-. y . _ <br />.......~. . . . . . . . . _..1:... .. . . .. ................S... ~(). . L!'K '- ',_._" .... Z.c::--.it....;,-r... ,-",... . . .. . . ,.,.r.:'. '_" ,_~ ........ . . . . . . . .:? . . <br /> . -.~ <br />(Signature) DAVID S MASEK (IJatc) (Signature) BRENDA MASEK // -" (Date) <br />. , <br /> <br />'0;-;"-;' <br /> <br />ACKNOWLEDGMENT: <br />STATE OF W;8MSI.<A...................................., COUNTY OF HALL...............................................} ss. <br />This instrwnent was acknowledged before me this ....... .26TH.. . .. .. day of ................. . MARCH. 2008. . . . . . . . . . . . . . . ... <br />by IlAVIO.S, M~SI;I(; BREt!JIlA.MASEK.}JUSQ~NOAMl WI~E,M JJ.IlE8TOIlS.......................... _...................................... . <br /> <br />MYcmmll~'ir::;;:'m_ dLJu~u~~~uuuuuuuuuuuu <br />CHAD J. PALENSKY CHAD J PALENSKY <br />Ex{5ef"rl:: @1994 Banke oMy,nOlllRt.Ji.1<pllllulle~.F1lOCIllr- 1/30/2002 (page 4 of 4) <br /> <br />(It'k1ividunl) <br /> <br />~ <br />