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<br />200901086
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<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 applicatiou of proceeds to principal shall uot
<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 tlle Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt iUllnediately
<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 information Beneficiary may deem reasonably necessary. Trustor agrees to 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 lieu 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 docs 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 clail11
<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 agrees that Beneficiary and any party to tbis Security Instrument may extend,
<br />modify or make any change in the terms of tbis Security Instrument or any evidence of debt witbout Trustor's consent.
<br />Such a change will not release Trustor from tbe terms of this Security Instrwnent. The duties and benefits of this Security
<br />Instrwnent shall bind and benefit the successors and assigns of Trustor and Beneficiary.
<br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security lnstrwnent is governed by the laws of the
<br />jurisdiction in which Beneficiary is located, except to the extent otherwise required by tile laws of the jurisdiction where
<br />the Property is located. This Security Instrument is complete and fully integrated. This Security Instrwnent may not be
<br />amended or modified by oral agreement. Any section in this Security Instrwnent, attachments, or any agreement related to
<br />the Secured Debt that coutlicts with applicable law will not be effective, uuless that law expressly or impliedLy pemlits the
<br />variations by written agreement. If any section of t!lis Security Instrwnent cannot be eut'orced according to its tenns, that
<br />section will be severed and will not affect the enforceability of the remainder of this Security Instrwnent. 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 ouly and are not to be used to interpret or define the tenns of this Security Instrwnent.
<br />Time is of the essence in this Seeurity Instrument.
<br />24. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's optioll, may from time to tune 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 upon 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 oue 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 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 Instrwnent will remain in effect until reLeased.
<br />D Construction Loan. This Security Instrument secures an obligation incurred for the 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 />Uniform ConunerciaL Code.
<br />
<br />D Riders. The covenants and agreements of each of the riders chccked below are incorporated into and suppLement and
<br />amend the temlS of this Security Instrument. [Check aLL applicabLe boxes]
<br />D Condominium Rider 0 PLanned Unit DeveLopment Rider 0 Other..................................................
<br />D Additional Terms.
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<br />SIGNATURES: By signing below, Trustor agrces to the terms and covenants contained in this Security Instrument and in any
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<br />a~C~7.. r SID[ WSO no .l~~~ ~iPtOf a 2.~!;;rseC~llY. I~tr~~ on ~ .~ID. st~d on page .1...... . . . . . . . . . . . .....
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<br />
<br />(Signature) TYS (Date) (Signature) (Dale)
<br />
<br />
<br />ACKNO
<br />
<br />
<br />(IIJdividual)
<br />
<br />DG NT:
<br />ST ATE OF N.~e8AS~A...................................., COUNTY OF B.UffAlO...........................................} ss.
<br />This instrument was acknowledged before me this ....... .12TH... . . .. day of .............:: :/JBUOOS. .. . . .. . . . . . . . . . .
<br />
<br />~y J;=~:~~~ ~::;:;;~~:,~;~~;.......................... :lJtiii15fiwild;........................
<br />
<br />
<br />(Notary Public)
<br />TONIA KONWINSKI
<br />~M @1994 Banko,. Systoms, Inc.. St. Cloud. MN Form RE-DT-NE t/30/200 ...,_ <I""""~"",,t:;:~'"
<br />
<br />~.,~i~:p'?.< TONIA KONWINSKI
<br />
<br />,~*{e:~i;:~H MY COMMlfiSI~N, ~X~~Rr~ I) / ;:
<br />~".f~R'~:O~~/ May'1!!,2&J.J'.
<br />"'i~/HiI"'\
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<br />(page 4 of 4)
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