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<br />"'" . . ......... ~ " <br /> <br />200900195 <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Prorerty or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principa 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 groceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately <br />before the acquisition. <br /> <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided ina separate agreement, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow, <br /> <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably ~ecessary, Trustor agrees to sign, dehver, and file any <br />additional documents or certifications that Beneficiary ma>,: consider necessary to perfect. continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary s lien status on the Property, . <br /> <br />22. JOINT AND INDIVIDUAL LIABILITYt 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 Trustor <br />does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between <br />Be~eficiary and Trustor, Trusto~ agrees to waive any rights ,that maypreyent Benefic.iary from bringing any ,ac~ion or claim. <br />agamst Trustor or any I?arty mdebted under the obligatIOn. These nghts may mclude, but are not lumted to, any <br />anti-deficiency or one-actIOn laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify ormake any change in the terms of this Security Instrument or any eVIdence of debt without Trustor's consent. <br />Such a' change wiV. not release Trustor from the terms ~f this Security. Instrument: The duties and benefits of this. Security <br />Instrument shall bmd and benefit the successors and assigns of Trustor and BeneficIary, <br /> <br />23. APPLICABLE LAW' SEVERABILITY' INTERPRETATION. This Security Instrument i~ governed by the laws of the <br />iurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />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 that 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 the 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. Time <br />is of the essence in this Security Instrument. <br /> <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 formality 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 /> <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by fi'rst class mail to <br />the appropriate p'arty's address on page 1 of this Security Instrument, or to any other address designated in writing, Notice <br />to one trustor WIll be deemed to be notice to all trustors. <br /> <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property, . <br /> <br />27. OTIlERTERMS. Ifchecked, the following are applicable to this Security Instrument: <br /> <br />D Line of Credit. The Secured Debt includes a revolving line of cr~dit provision. Although the Secured Debtmay be <br /> <br />reduced to a zero balance, this Security Instrument will remain' inetfect until released, ' <br /> <br />D Construction Loan. This Security Instrument secures an obligation incurred for the construction of. an <br /> <br />improvement on the Property. <br /> <br />D Fixture Filing. Trustor g~ants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br /> <br />and that are or' will become fixtures related to the Property, This Security Instrument suffices as a financing <br /> <br />statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of <br /> <br />the Uniform Commercial Code, <br /> <br />D Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement <br /> <br />and amend the terms of this Security Instrument. [Check all applicable boxes] . <br /> <br />D Condominium Rider D Planned Unit Development Rider D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _._ _ _ . ___ <br /> <br />D Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the temis and covenants contained in this Security Instrument and in any <br />attachme.nts, TI1lStoU11.so~9JmQ.lYJ~<k~s re~hH...9L'Lc.oll.Y~-.lhl:L~curi!Ylnst1J1.!!le}!t onJhe ~~t~ stated on page 1. <br />" ''',,-, " '''.-'---'-'--' <br /> <br />~'-';~~S~...../~;i~~;g~~~~.........(D;';) <br /> <br />ACKNOWLEDGMENT: <br />STATE OF !'I~PF~_s_k_a_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _" _ , COUNTY OF !l~}'}-."" .. _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ ." _ _ }ss, <br />This instrument was acknowledged before me this ~Pj:.!1_ _ _ _ _ _ _ day of P!'!.9~.!D!>_eE _2J!.Q,E! _ _ _ _ _ _ _. _ _ _ _ _ __ <br />bY~!'!!1!1~_t_h_ .w.._ _~l!t!l, ~~ _AND_ NANCY_ L.._ 1iHIIL'I.Z,. _HUSBAND- AND- W-IFR - - - - - - - - - - - - - - - - - - - - - . <br /> <br />My commission eXQENPirERALes: .u\TAlW t'WooolNelll8llkl ~_ _..... _,.._R~~ __ _ '. ~_'_ _ _ _ _, _ __ __ _ _ __ _... <br /> <br />mlllVlI .0""" , , (Notary Public) <br />JON A. HEATH <br />My Comm. EJlp. JIn. 9, 2011 ..' <br /> <br />{Individual} <br /> <br />o 1994 Wolters ~Iuwer Finencial Services. Sankers SystemsTM Form RE.DT.NE 1211512006 <br />VMP@-C165(NE) 1070S1 <br /> <br />(page 4 of 4) <br />