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HomeMy WebLinkAbout895665Recording requested by: Wqlls Fargo Bank, Whenrecordedreturnto: Wells Fargo Bank, N~A. P. O. BOX 31557 BILLINGS, MT 59107 DOCUMENT MANAGEMENT 895665 92'7 RE¢~'IVED £1NCOL. N C-O~h%,TY CL£Rt,( State of Wyoming Space Above Tiffs Line For Recordh~g Datw REFEP, ENCE #: 20032757000745 ACCOUNT #: 0E54-~54-00239~- 1998 MORTGAGE (~X~Lf)6 (With Future Advance Clanse) DATE AND PARTIES. The date of tiffs Mortgage ("Security Instrument") is 11 /03/~003 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: JAMES ,PATRICK O'BANNON, TRUSTEE OF THE TRUST OF JAMES PATRICK O'BANNON, DATED 9-2-00 [] If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors their signatures and acknowledgments. LENDER:Wells Fargo Bank, N.A. P. O. BOX 31557 BILLINGS, MT 59107 CONVEYANCE. For good and valuable consideration, the receipt and stflT~ciency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under,.this Security Instrument, Mortgagor grants, bargains, couveys, nmrtgages and warrants to Lender, with power of sale, the following described property: PARCEL A OF THE SW/4 OF THE SE/4 OF SECTION 12, TOWNSHIP 35 NORTH, RANGE 110 WEST, L NCOLN COUNTY, WYOMING, AKA THE NORTH 450 FEET OF THE SW/4 OF THE SE/4 OF SECTION 12, TOWNSHIP 35 NORTH, RANGE 11g WEST, LINCOLN COUNTY, WYOMI NG. The property, is located in L I NCOLN at: PIERCE ROAD ETNA, WY 83111~c°my) and parcel number of 35191240042800 together ~vith all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now or at auy time in the future be part of the real estate described above (all referred to as "Property,). MAXIMUM OBLIGATION LIMIT. The total principal amouut secured by tiffs Security Instrument at any one time shall exceed $ 50,000. O0 . This limitation of anmunt does not include interest and other fees and charges validly made pursuant to this Security Instrument Also, this linfitatiou does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in tlfis Security Instrument SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt iucurred under the terms of the promissory ubte, revolving line of credit, contract, guaranty or other evidence of debt dated 11 / 03 / 2003 together with all amendments, extensions, modifications and renewals, and having a maturity date of 11 / 03 / 2043 Bi All future advances front Lender to Mortgagor under such evidence of debt. All furore advances are secured as if made ou the date of this Security Instrument. Nothing in this Security Agreement shall constitute a commitutent to make additional or future loans or advances which exceed the amount shown in Section 3. Any such conunitment must be agreed to in a separate ~.vriting. C. All stuns advanced and expenses incurred by Lender for insuring, preserving, or otherwise protecting the Property and its value and any other sums advm~ced and expenses incurred by Lender nnder the terms of this Security Instrmnent. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when dne and in accordance with the terms of the Secured Debt and this Security Instrmnent. 6. PRiOR SECURiTY INTERESTS. With regard tO any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives front the holder. C. Not to allow any modification or extension of, nor' to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any clai~ns that would impair the lien of the Security Instnmtent. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. Upon sale, trausfer, hypothecation, assignment or encmnbrance, whether voluntary, involuutary, or by operation of law, of all or m~y part of the Property or any interest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligations secured hereby immediately due and payable, except to the extent that such acceleration for and in such particular circmnstances where exercise of such a rigla by Lender is prohibited by law._ 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessa~. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, aud actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Auy inspection of the Properly shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHORiTY TO PERFORM. If Mortgagor fails to perform any dub, or any of the covenauts coutained in this Security Instrument, Lender may, without notice, perform or cause them to be perfor~ned. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amouut necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender front exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including co~npletion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, couveys, mortgages and warrants to Lender as additional security all the right, title and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of auy portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents")· Mortgagor Will prmnptly provide Lender with true and correct copies of all existing and fim~re Leases. Mortgagor may collect, receive, enjoy:and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assig~m~ent is intmediately effective between the parties to this Security Instnunent. Mortgagor agrees that this assignment is effective as to third parties when Lender takes affirmative action prescribed by law, and that this ·assignmeut will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity of commencing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies Mortgagor of default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any mnounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlordYtenant law. Mortgagbr also asmes to mainta~ and r6~uire a~ tenant to com~l~ widt tim terms of the Leases and applicable law. 12. LEASEHOLDS; CONDOM~IUMS; PLANED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions o[ any lease if tiffs Security Instrument is on a leasehold. ~ the prope~ is a milt in a Condo~nium Project or is pa~ of a Planned Unit Development ("P~"), Mo~gagor agrees to the following: A. Obligations. Mo~gagor shall perform all of Mo~gagor's obligations under the Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Projects or P~ and any lmmeowners association or equivalent entiW ("Owners Association"); (ii) by-laws; (iii) code of re~dmions; and (iv) other eqnivalent documents. Mo~gagor shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. ~ B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or %la~et" policy on the Condomi~fium Project or P~ which is safisfactou to Lender and wlfich provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within tlie term' "extended coverage," then Mo~gagor's obligation under Section 19 to maintain hazard insurance coverage on the Prope~y is deemed satisfied to the extent fl~at the required coverage is provided by the Owner's Association policy. Mo~gagor shall give Lender prompt notice of auy lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to Prope~, whether to the unit or to co,non elements, any proceeds payable to Mo~lgagor are hereby assigned and shall be paid to Lender for application to the sums secured by tlfis SecuriW Instrument, with any excess paid to Mo~gagor. C. Flood h~surance. Mo~gagor agrees to maintain flood insurance for the life of the Secured Debt wldch is acceptable, as to form, amount m~d extent of coverage to Lender. D. Public Liability h~surance. Mmtgagor shall t~e such actions as may be reasonable to insure that the Owners Association maintains a public liabiliB~ insurance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for damages, direct or conseqnenfial, payable to Mo~gagor in connection with any condmmmtion or other t~iug of all or any pa~ of the Prope~, whether of the unit or of the common elements, or for inky conveyance in lieu of condenmation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by fl~e Security Instrument as provided in Section 18. F. Lender's Prior Consent. Mo~gagor shall not, except ~ler notice to Lender and with Lender's prior written consent, either padition or subdivide the Prope~r or consent to: (i) the abandonment or ter~nination of the Condonfinium Project or P~, except for abandomnent or termination required by law in the case of substantial destruction by fire or other casualW or in the case of a tahng by conde~nnation or enfinent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) ternfination of professional management and assumption of self- management by the Owners Association; or (iv) any action which would have the effect of rendering flxe public liabiliW insurance coverage maintained by the Owners Association unacceptable to Lender. G. Remedies. If Mo~gagor does not pay condomi~dum or P~ dues and assessments when due, then Lender may pay them. Any amouuts disbursed by Lender under this section shall become additional debt of Mo~gagor secured by this Se~riW Instrument. Unless Mortgagor and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with interest, npon notice from Lender to Mo~gagor requesting payment. 13. DEFAULT. Mo~gagor will be in default ff any parW obligated on tlm Secured Debt fails to m~e. payment when due. Mo~gagor will be in default if a breach occurs under the terms of tlfis Securi~ Instrument or any other document executed for the pu~ose of creating, securing or ~mran~,ing the Secured Debt. A good kith belief by Lender that Lender at any time is insecure with respect to any person or entiB~ obligated on the Secured Debt or that the prospect of any payment or the value of the ProperW is impaired shall also consti~te an event of defanlt. 14. ~MEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mo~gagor with notice of the right to cure or other notices and ~nay establish time schedules for foreclosure actions. Subject to these linfitafions, ff any, Lender may accelerate the Secured Debt and foreclose this Security Instnnnent in a rammer provided by law ff Mo~gagor is in default. At the option of Lender, all or any pa~ of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, ~ter giving notice ff required by law, upon the occurrence 0f a default or mt~ime there~er. In addition, Lender shall be entitled to all the remedies provided bY law, the terms of the Secured Debt, tiffs SecuriW Instrument and any related document, including without limitation, fl~e power to sell the Prope~y. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equiW, whether or not expressly set fo~h. The acceptance by Lender of any sum in payment or pa~ial payment on the Secured Debt after the balance is due or is accelerated or ~ter foreclosure proceedings are filed shall not constitute a waiver of Lender's fight to require complete cure of any e~sting defanlt. By not exercising any remedy on Mo~gagor's default, Lender does not waive Lender's right to later consider the event a default ff it continues or happens again. 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortga. gor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest front the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay. all costs and expenses incurred by Lender in collecting, e~fforcing or protecting Lenders' rights and remedies under this Security Instrument. This amount may include, but is not linfited to, attorneys' fees, court costs, and other legal expenses. This amount does not include attorneys' fees for a salaried employee of the Lender. Tiffs Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation cos~ts of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without linfitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinauces, court orders, attorney general opinions or interpretive letters concerning the public health, s,'ffety, welfare, environmem or a hazardous substance; and (2) Hazardous Substance means auy toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substhnce is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Snbstances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenam have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private-or public entities to purchase or take any or all of the Property through condemnation, enfinent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor' name in any of the above described actions or claims: Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condenmation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in tiffs Security Instnunent. This assignment of proceeds is subject to the terms of auy prior mortgage, deed of trust, security agreement or other lien document. 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maiutained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's fights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender ~nay make proof of loss if not made immedialely by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, a:t Lender's option. Any application of proceeds to pfincipal shall not extend or postpone the due date of the scheduled payment nor change the amount of any paymeut. Any excess will be paid to Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender ~to the extent of the Secured Debt inunediately before the acquisition. 19. ESCROW FOR TAXES AND' INSURANCE. U~fless otherwise provided iu a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. FiNANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or i~iformation Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional docmnents or Certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien stares on the Property. 21. JOiNT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, · EQISOD (10K'57--'--7:'~ ~,7-- Mortgagor does so only to mortgage Mortgagor's ili~erest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. ff fids Security Instmnxent secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights lnay inchide, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of tiffs Security Instrument. The duties and benefits of this Security Instrument shall bind and benelit the successors and assigns of Mortgagor and Lender. ~2. APPLICABLE LAW; SEVERABILIT¥; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction iu which the property is located, except to tile extent othenvise required by the laws of the jurisdiction where the Property is located. Tiffs Security Instrument is complete and fully integrated. This Security Instm~nent may not be a~nended of modified by oral agreement. Any section in fids Security Instnunent, attachinents, or any agreement related to the Secured Debt that cmfflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If ally section of this Security Instrun~ent cammt be mfforced according to its terms, that section will be severed and will not affect the mfforceability of the remainder of tlfis Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in tlfis Security Instrument. In the event any section of this Security Instrument directly cmfflicts with any section of a certain Home Equity Closing Handbook which contains the Accouut Agreement Terms and Conditions (as applicable), Fixed Rate Note Terms and Conditions (as applicable), the Arbitration Agreement, and the Agreement to Provide Flood/Property Insurance, all of which I agree to by signing tlfis Security Instrument, the terms of the Hmne Equity Closing Handbook shall control. 23. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Iustmment, or as shown in Lender's records, or to any other address designated in writing. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of the homestead exentption laws of this state. 25. OTHER TERMS. If checked, the following are applicable to this Security Instrument: {-x3 Liue of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instm~nent will remain in effect until released. ~ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ~ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the fitture and that are or will become fixtures relates to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Cmmnercial Code. ~7X3 Additional Terms. 26. RIDERS. If checked, the following are applicable to this Security Instrument. The covenmlts and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [-x'-] Third Party Rider ~ Leasehold Rider ~ Other SIGNATURES: By sighting below, Mortgagor agree.x to ttie terms and covenants contained in tiffs Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of tiffs Security h~strument on the date stated on page 1. /"}~MES PATRICK O' BAN'NON, TRUSTEE ~5 Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Date ACKNOWLEDGMENT: (Individual) / COUNTYOF ~/r/Q~4,pt"/~' ' The foregoing instrument was acknqwledged before me by this 2// /--fi. day of c~fid0 (,'~ m ~/'~ ' Witness my hand and official seal. (Signature of Officer) My Comnfission Expires: ACKNOWLEDGMENT: (Individual) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by this day of Witness my hand and official seal. Mortgagor Date (Seal) (Signature of Officer) (Title of Officer) My Conunission Expires: (Seal) THIRD PARTY RIDER REFERENCE#: 2003235'7000'745 ACCOUNT#: 0654-654-0923966- 1 g98 THIS THIRD PARTY RIDER is made on 11 / 03 / 2003, mtd is incorporated into and shall be deemed to amend and supplement the Mortgage~ Deed of Trust or Security Deed ("the Security Instmmeut") given by the m~dersiD~ed Trustee(s) to secure rite Secured Debt from JAMES PAIRICK O'BANNON (the "Debtor") to Lender. With respect to the Trust, this Security Instnmtent constitutes a third party mortgage/deed of trust and grmtt of security interest by the tmdersigned as Trustee(s) of said Trust in the Property described in rids Security Instnuneut to secure the Note of the Debtor to the Lender. Consequently, references in the text to "Borrower" refer to the mtdersigned Trustee(s) m~d the Debtor ff the context in wldch the term is used so requires. Without linfiting the generality of the foregoing, the use of the term "Borrower" in the context of warranties, representations and obligations pertaining to rite Property shall refer to the undersigned Trustee(s). The use of the term "Borrower" in the context of the requkements under the Note shall refer to the Debtor. ' EXCept with respect to the obligation(s) of the undersigned as individuals, m~d not as Tmstee(s), with respect to the Secured Debt before the date first set forth herein above aud the obligation(s) of the undersigned as individuals with respect to Secured Debt prior to the transfer of the Property into the Trust, the Trust and the mtdersigned, as Trustee(S), are not liable for the debt evidenced by tlm Note and are a party heretmder except insofar as their interest in the Property is made subject to the Security Instrument. Further, revocation of the Trust, distribution of trust assets, or death of mty Debtor shall constitute mt event of default under the S,~cured h~strument. ~J'AMES PATRICK O' BANNON 'l-~ustee Date Trustee Date Trustee Date Trustee Date Trustee Date Trustee Date EQ310A (10!2,003)