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a <br />201200i1�1 <br />If more than ona person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will <br />secure all future advances and future obligations described above that are given to or incurred by any one or <br />more Trustor, or any one or more Trustor and others. This Deed of Trust will not secure any other debt if <br />Beneficiary fails, with respect to such other debt, to make any raquired disclosure about this Deed of Trust <br />or if Beneficiary fails to give any required notice of the right of rescission. <br />5. PAYMEIVTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with <br />the terms of the Evidence of Debt or this Deed of Trust. <br />6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed by this <br />Deed of Trust and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of <br />sale, the Property and warrants that the Property is unencumbered, except for encumbrances of record. <br />7. CLAIMS A(3AINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, <br />ground rents, utilities, and other charges relating to the Property when due. Beneficiary may require Trustor <br />to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing <br />Trustor's payment. Trustor will defend title to the Property against any claims that would impair the lien of <br />this Deed of Trust. Trustor agrees to assign to Beneficiary, as requested by Beneficiary, any nghts, claims <br />or defenses which Trustor may have against parties who supply labor or materials to improve or maintain <br />the Property. <br />8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or <br />other lien document that created a prior security interest or encumbrance on the Property and that may <br />have priority over this Deed of Trust, Trustor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />C. Not to make or permit any modification or extension of, and not to request or accept any future <br />advances under any note or agreement secured by, the other mortgage, deed of trust or security <br />agreement unless Beneficiary consents in writing. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured <br />Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or <br />contract for any of these on the Property. However, if the Property includes Trustor's residence, this <br />section shall be subject to the restrictions imposed by federal law (12 C.F.R. 691), as applicable. For the <br />purposes of this section, the term "Property" also includes any interest to all or any part of the Property. <br />This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and <br />this Deed of Trust is released, <br />10. TRANSFER OF AN INTEREST IN THE TRUSTOR. If Trustor is an entity other than a natural person (such as <br />a corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest <br />in Trustor is sold or transferred; (2) there is a change in either the identity or number of inembers of a <br />partnership; or (3) there is a change in ownership of more than 25 percent of the voting stock of a <br />corporation. However, Beneficiary may not demand payment in the above situations if it is prohibited by law <br />as of the date of this Deed of Trust. <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as <br />a corporation or other organization►, Trustor makes to Beneficiary the following warranties and <br />representations which shall be continuing as long as the Secured Debt remains outstanding: <br />A. Trustor is an entity which is duly organized and validly existing in the Trustor's state of incorporation <br />(or organization�. Trustor is in good standing in all states in which Trustor transacts business. Trustor <br />has the power and authority to own the Property and to carry on its business as now being <br />conducted and, as applicable, is qualified to do so in each state in which Trustor operates. <br />B. The execution, delivery and performance of this Deed of Trust by Trustor and the obligation <br />evidenced by the Evidence of Debt are within the power of Trustor, have been duly authorized, have <br />received all necessary governmental approval, and will not violate any provision of law, or order of <br />court or governmental agency. <br />C. Other than disclosed in writing Trustor has not changed its name within the last ten years and has <br />not used any other trade or fictitious name. Without Beneficiary's prior written consent, Trustor does <br />not and will not use any other name and will preserve its existing name, trade names and franchises <br />until the Secured Debt is satisfied. <br />Security Instrumerrt-Commercial/Agricultural-NE AGGO-RESI-NE 7/1/2011 <br />VMP� Bankers SystemeTbt VMP-05951NE1 (1107).00 <br />Woltere Kluwer Financlal Services �7993, 2011 Page 3 of 10 <br />