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<br />200809047 <br /> <br />Unless otherwise agreed in writing, all insuranee proeeeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or not thcn duc, at Bcneficiary's option. Any application of proceeds to principal shall not <br />extend or postponc the due date of the scheduled payment nor change the amount of any paymcnt. Any excess will bc paid <br />to the Grantor. If the Property is acquircd by Beneficiary, Trustor's right to any insurancc policics and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Sccured Dcbt immediately <br />before the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agrcement, 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 infoollation Beneficiary may deem reasonably necessary, Trustor agrecs to sign, dcliver, and file any <br />additional documcnts or certifications that Beneficiary may consider neccssary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrumcnt and Bencficiary' s licn status on the Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrumcnt arc joint and individual. If Trustor signs this Security Instrumcnt but docs not sign an evidence of <br />debt, Trustor docs so only to mortgage Trustor's intcrest in thc Property to secure payment of the Sceured Debt and <br />Trustor docs not agrce to be personally liable on the Secured Debt. If this Sc:;urity Instrument securcs a guaranty bctween <br />Beneficiary and Trustor, Trustor agrecs to waivc 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 are not limited to, any <br />anti-deficiency or one-action laws. Trustor agrecs that Beneficiary and any party to this Security Instrument may extend, <br />modify or makc any changc in the tenns of this Sccurity Instrument or any cvidence of debt without Trustor's consent. <br />Such a change will not release Trustor from the tenns of this Security Instrument. The dutics and benefits of this Security <br />Instrument shall bind and bcnefit the successors and assigns of Trustor and Bcneficiary. <br />23. Al)PLICABLE LAW; SEVERABILITY; INTERl)RETATION. This Security Instrument is governed by the laws of thc <br />jurisdiction in which Beneficiary is located, except to the cxtent otherwise required by thc laws of the jurisdiction where <br />the Propcrty is locatcd. This Security Instrulllcnt is completc and fully intcgratcd. This Security Instrumcnt may not bc <br />amended or modificd by oral agrccmcnt. Any section in this Sccurity lnstrumcnt, attachmcnts, or any agrecmcnt related to <br />the Secured Debt that conflicts with applicable law will not be effective, unless that law exprcssly or impliedly permits the <br />variations by written agreement. If any section of this Security Instrument cannot bc enforced according to its teons, that <br />section will be scvcred and will not affect the enforccability of the remainder of this Security Instrument. Whencver used, <br />the singular shall include lhe plural and the plural the singular. The captions and headings of the sections of this Security <br />Instrument are for convenience only and arc not to be used to intcrpret or define thc terms of this Security Instrumcnt. <br />Time is of the essence in this Security Instrument. <br />24. SUCCESSOR TRUSTEE. Beneficiary, at Bencficiary's option, may from time to time remove Trustec 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 succecd to all the title, power and duties conferred upon Trustee by this Security Instrument and <br />applicable law. <br />25. NOTICE. Unless othcrwise rcquired by law, any notice shall bc 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 Instrumcnt, or to any othcr address designated in writing. <br />Notice to one trustor will be deemed to be notice to alltrustors. <br />26. WAIVERS. Exccpt to the extent prohibitcd by law, Trustor waives all appraiscment and homcstead exemption rights <br />relating to the Property, <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br /> <br />D Line of Credit. Thc 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 />D Construction Loan. This Security Instrument secures an obligation incurred for the COll~truction of an improvemcnt <br />on the Property. <br />D Fixture Filing. Trustor grants to Bcncficiary a security interest in all goods that Grantor owns now or in the future <br />and that arc or will become fixturcs relatcd to thc Property. This Security Instrument suffices as a financing <br />statement an~ any carbon, photographic or other rcproduction lllay bc filcd of record for purposes of Articlc 9 of the <br />Unifonn Commercial Code. <br /> <br />D Riders. Thc covenants and agreements of each of the riders checkcd below are incorporated into and supplement and <br />amcnd the tcrms of this Secnrity Instrumcnt. [Check all applicable boxes] <br />D Condominium Rider D Planned Unit Development Rider D Other .................................................. <br />D Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the teons and covenants contained in this Security Instrument and in any <br />attachmcnts. Trustor also acknowledges receipt of a copy of this Sccurity Instrumcnt on the date stated on page I. <br /> <br /> <br />iSi~;.";;&:d~.............iD;~).. ~~...ii:i;';i. <br /> <br />ACKNOWIJEDGMENT: <br />STATE 01-" N.~aaAS~A...... .."...................."."., COUNTY 01-" "...........~................,.""..} ss. <br />(ImlividuoI) This instrument was acknowledged beforc me this ,.,..... 7.T.~. . . . . . .. day of ................. OC.l:OBIfl,.2naa. . . . . . . . . . . . . . . . . <br />by J.Q~.J~SS.GAmN;.p~mI.GIA A..r,;ALv:4N,.~~~a~NOANJJ WIF.~.....". .............. .....,.""..................,......,............... , <br />My commission expires: l.f 'J-c, . J-Cl,}..... <br /> <br />Ex:{ief'1;J: @ 1994 Bonkor. <br /> <br /> <br />GENEIW. NOTARY. S1atI 01 NeInIka <br />STEVE POPPE <br />St.~rAllllI2f,1ltft 11 0/2002 <br /> <br /> <br />(page 4 of 4) <br />