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/. t 20100317 <br />r, <br />Unless otherwise agreed iu writing, all insurance proceeds shall be applied to 'the CeStoration or repair of the Property oC 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 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 the Property before the acquisition shall pass to Beneficiary to 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 far taxes and insurance i^ 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 $eneficiary's lien status on the Property. <br />22. JOINT AND INDIVIDUAL LLABILTTY; 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, Ttustor does 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 claim <br />against Trustor or any party indebted under the obligation. These rights may include,"'lint are no7 "limited to, any <br />anti-deficiency or one-action laws. Trustor agrees that $eneficiary and any party to this Security Instrument may extend, <br />modify or make auy change 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 Instrument. The duties and benefits of this Security <br />Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILTTY; INTERPRETATION. This Security Instrument 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 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 nay 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. <br />Time is of the essence in this Security Instrument. <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 />25. NOTICE. UWess 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 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 />^ 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 />© Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement <br />on the Property. <br />^ 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 Coaxlmercial Code. <br />^ Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and <br />amend the terms of this Security Instrument. [Check all applicable boxes] <br />^ Condominium Rider ^ Planned Unit Development Rider ^ Other .................................................. <br />^ Additional Terms. <br />SIGNt~TURE6: By sigtcing-betow; 'I'rust~r agrees to the terms and eovenants contained 'in this Secarity Irlstrumeat and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. <br />Jerry L. Denton, as Ca-Trustee and Roger Laibl, as 5uccessar Co-trustee of the K.E. Benton and Veva M. Benton Irrevocable Trust dated March 2, 1992 <br />/Y ~........, _ <br />~ /U <br />t1ie rrY L. Denton, Co-Trustee l (Date) (Si atu Roger Loibl, SuccessarlCa•Trustee (Dace) <br />ACKNOWLEDGMENT: n' M y <br />STATE OF ...."! ~ I?.rat,5.~9 :........................ . COUNT OF .. !.' .1,2!'rl G I\...... .............. } ss. <br />.....~~... . da of . .~.a....... . Q1 Q ... . <br />.... . <br />~`"dtv`~"a`~ This instrument was acknowledged before me thi~ .. r. y .. ............... <br />by .r~T.f,.y...~--w..~C.ntCJ1a.~..~P.'rtrAs~t:~.........~~~rr...~,P.1~~.~..~~..NC,ceS,S~(' ....GR".r~'hS.feG,........ . <br />My commission expires: <br />r C~~.. cam' a .... Q r ... ~ ~i ~' ! , ~-r!L i ............................... . <br />(Notary PuUlic) <br />'--~/-~~M C91994 eankera Systems, Inc., St. Claud, MN Farm RE-DT-NE 1/30/2002 ~r~'~a (page 4 Of 4f <br />TYSON D. B~NN~R <br />Comm. 1201$ <br />