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�0110442� <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property <br />or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal <br />shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any <br />excess will be paid to the Trustor. If the Properly is acquired by Beneficiary, Trustor's right to any insurance policzes <br />and proceeds resulting from damage to the Property before the acquisitiott shall pass to Beneficiary to the extent of the <br />Secured Debt immediately before the acquisition. <br />20. ESCROR' FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not <br />be required to pay to Beneficiary funds for taxes and insurance in escrow. <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor wi11 provide to Bene�ciary upon request, <br />any financial statement or infornnation Beneficiary may deem reasonably necessary. Trustor agrees Yo sign, deliver, <br />and file any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and <br />preserve Trustor's obligations under this Security Instrument and Bene�iciary's lien status on the Property. <br />22. JOINT AND INDIVIDUAL LIA.BII.ITY; CO-5IGNERS; 5UCCESSORS 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 Yhe Secured Debt and <br />Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrurnent secures a guaranty <br />between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Bene�iciary from bringing any <br />action or claim against Trustor or any party indebted under the obligation. These rights may include, but are not liznited <br />to, any anti-de�ciency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may <br />extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Trustor's <br />consent. Such a change will not release Trustor from the terms of this Security Instrument. The duties and bene�its of this <br />Security Instrument shall bind and benefit the successors and assigns of Trustor and Bene�ciary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Sacurity Instraznent is governed by the laws of <br />the jurisdiction in which Bene�iciary is located, except to the extent otherwise required by the laws of the jurisdiction <br />where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may <br />not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any <br />agreement related to the Secured Debt that confiicts with applicable law will not be effective, unless that law e�ressly <br />or impliedly pernuts the variations by written agreement. If any section of this Security Instrument cannot be enforced <br />according to its terms, that section will be severed and will not affect the enforceability of the remainder of this <br />Security Instrument. Whenever used, the singular shall include the plural and the plural the singttlar. The captions and <br />headings of the sections of this Security Tnstrument are for convenience only and are not to be used to interpret or <br />define the terms of this Security Instrument. 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 <br />a successor trustee without any other formality than the designation in writing. The successor trustee, without <br />conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security <br />Instrument and applicable Iaw. <br />25. NOTICE. Unless otherwise required by law, any norice shall be given by delivering it or by mailing it by first class <br />mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in <br />writing. 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 <br />may be 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 <br />improvement on the Property. <br />❑ Fixture k�ling. Trustor grants to Beneficiary a security interest in all goods that Trustor owns now or in the <br />future and that are or will become fi�ures related to the Property. This Security Instrument suffices as a <br />financing statement and any carbon, photographic or other reproduction may be filed of record for purposes <br />of Article 9 of the Uniform Commercial Code. <br />❑ Riders. The covenants and agreements of each of the riders checked below are incorporated into and <br />supplement and amend the terms of this Security Instrument. [Check all applicable boxes] <br />❑ Condoaunium Rider ❑ Planned Unit Development Rider ❑ Other .......................................................... <br />❑ Additional Terms. <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in <br />any attachments. Trustor also acknowiedges receipt of a copy of this Securiry Instrument on the date stated on page Z. <br />� <br />.... .... .. ... `... .. .... <br />......... �.. . ...............�. .`�.. ..�.(... . . ... . . ..... ...............................................�.....�.. ./.l <br />(Signature) Date) (SignaYure) (Date) <br />ACKNOWLEDGMENT: <br />STATE OF ......... COUNTY OF ............ ......................................... } ss. <br />.................................... .. <br />(Ina��a�) TYus instrument was acknowledged before me this .....� . ............ day of ....June�., 2011,,,,,,,,,,_,,,,,,,,,,,,,,,,,,,,,,,, <br />by ....�:en , L .,, Smith„ and „Thomas,,E...r�?�l.'� r . .?�f �.. &..�1�?F.�l�.... ....... ................................. . <br />My commissian--expires: 4/6/12 <br />�'1�.�TA�•$�Qf� . ....... ............:�taryPublic) ...... . ........................... <br />GERAtD A JOHtdSORI <br />11}+C�n. 6�• Ap� 6, 2012 <br />E�"' OO 1994 Bankers Systems, Inc„ St. Cloud, MN Fortn RE-DT-NE 1/30/2002 (page 4 of 4J <br />