|
<br />200808646
<br />
<br />Unless otllerwise agreed in writing, all insurance proceeds sllall be applied to tile 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 postpoue 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 the Property before the acquisition shaLL pas:> to Beneficiary La the extent of the 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. FINANClAL REPORTS AND ADDITIONAL DOCUl\1ENTS. Trustor will provide to Beneficiary upon request, any
<br />financial statement or infonnation Beneficiary may deem reasonably uecessary. Trustor agrlfe~ to sign, deliver, and file any
<br />additional Qocuments or celtifications that Beneficiary may consider necessary to perfect, coutinue, 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 iuterest in the Property to secure paymeut 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 briugiug any action or claim
<br />against Trustor or auy 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 auy party to this security Instrument may extend,
<br />modify or make any chauge in the terms of this Security Instrument or any evidence of debt without Trustor's consent.
<br />Such a change will not release Trustor from the terms of this Security Instrumeut. The duties and benefits of this Security
<br />Iustrumeut shall bind and benefit the successors and assigns of Trustor and Beneficiary.
<br />23. APPLICABLE LAW; SEVERABILITY; lNTERPMTATION. This Security Instrument is governed by the laws of the
<br />jurisdiction in which Beneficiary is locate~, 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 Iustrument 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 permits the
<br />variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that
<br />section will be severed. and will not affect tb.e enforceability of the remainder of this Security Instrument. 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 terms of this Security Instrument,
<br />Time is of the essence in this Security Instrwnent.
<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 fonnality than the designation in writing. The successor trustee, without conveyance of
<br />the Property, shaLL succeed. to aLL the title, power and duties conferred UpOl,l 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 other address designated in writing,
<br />Notice to one trustor will be eJeemed to be notice to all trustorI'.
<br />26. WAIVERS. Except to the extent prohibiteeJ by law, Trustor waives aLL appraisement and homestead exemptiou rights
<br />relating to the Property.
<br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
<br />
<br />o 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 />
<br />o Construction Loan. This Security Instrumeut secures an obligation incurred for the construction of an improvement
<br />on the Property,
<br />
<br />o Fixture Filing. Trustor grants to BeJ;leficiary 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, photograpb.ic or other reprodUl;tion may be filed of record for purposes of Article 9 of the
<br />Uniform Commercial Code.
<br />
<br />D Riders. The covenants and agreements of eacb. of the riders checked below are incorporated into and supplement and
<br />amend the terms of this Security Instrument. [Check all applicable boxes]
<br />
<br />o Condominiwn Rider 0 PlanneeJ Unit l)evelopment Rider 0 Other """......................."...."".""."".
<br />q Additional Terms.
<br />
<br />SIGNATURES: Bysigoing below, Ir,+st9~,agn:es to the tlf~s and ~ovenants contained in this Sec~rity Instrument and in allY
<br />attac];unenls. Trustor also acknowledges recetpt of a copy of thiS Secunty Instrwrient on the date stated on page 1.
<br />
<br />
<br />~. .,~jA . . ~/
<br />........ ..~rt!&4:.:(I;!........~.f,"fl,...rr..~.: .. . ~. J)d7 aP
<br />(s. ,,""') JAMES M. DUBBS. rz:r (Sl,.. ;;';j THER~ .. . . ...... .......... . .... ~ ij,0
<br />
<br />ACKNOWLEDGMENT:
<br />STATE OF .~~SBAS~A .. .. ...... .. .. . . . , . . . . , .. ... .. .. , .. . ~C UNTY OF BUffAl.O.".....""..,............................} ss.
<br />(llll1ividool) Th" W hv,'
<br />IS tnstrwneut was acknowledged before me this. .. . . ... .... day of . .',..' N'"i'l>.~e8; 2.006. . . .... .. . .. . . . .
<br />
<br />~y =~~~~';~~;::~4;~~~::,~um~AHnW~E................[)yViti1.\ .!limwi~.... .......
<br />
<br />
<br />, (Notary Publio)
<br />J=~M ' TONIA KONWINSKI
<br />......,..~I "'" @1994 Bonko,s 5ystoms, Ino.. 5t. Cloud, MN Form RE-OT-NE 1/30/2002
<br />
<br />(pagfJ 4 of 41
<br />
<br />"~~'"
<br />/'~Ifi.~\ ,yt>NJA I(ONWlN81:(1.
<br />~ IOENf:RAL\ ~ M ""'" M !
<br />\~.~.;r;"r}*j , y ~""MMr""IQN 'EXPIRE$,
<br />";''l1!R'~~\.~'' May 15, 2009 .,.
<br />..,....,.. " 'II'I'~~ _.......J..,., .,w~..,..,--,_.... '...,~_
<br />j~.l.,*
<br />
<br />-
<br />
|