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20i201404 <br />B. Ail future advances from Beneficiary to Trustor or other future abligabions of Trustor to Bene�ciary under any <br />promissory note, contract, �uazanty, oc other evidence of debt ex�uted by Trustor in favot af Beneficiary executed <br />af6er this Security Instr�zment whether or not this Security Instrument is speci�cxlly referenced. If more than ane <br />person signs this Securicy Instrument, each Txustor agrees that this Sec�rity Enstrument will secure all future advances <br />and future obligations that are given to ox incurred by any one ar more Txustor, or any one or more Trustar and <br />others. All future advances and ather future obligations are seclued by this Seciarity Instrument even though all or <br />part may not yet be advancx;d. AIl future advances and other futtue obligations are secured as if made on the ctate of <br />tius Securi�ty Tnstrument. Nothing in this Secur�ty Instrumen� sha12 canstitute a commitment to make additional or <br />future loans ar advances in any amoant. Any s�ch commitment must be agreed to in a separate writing. <br />C. Pill obligations Tru�stor owes ta Beneficiary, which may later arise, to the extent not prohibited by law, including, but <br />not limited to, liabilities for overdrafts relating to any deposit account agreement betweecs Trustor and Beneficiary. <br />D. Alt additional sums advaaced and expenses incurred by Beneficiary for insuring, preserving or otharwise protecting <br />�he Pcaperty and �ts value amd any other sums advanced and expenses incurred by Beneficiary unfler the terms of chis <br />Security Instrument. <br />This Security Iustrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />rescission. <br />5. PAYMENTS. Trustor agrees that al� gayments under the Secured Debt will be paid when due and in accordance with the <br />terms of the Secured Debt and this Security Instrument. <br />b. WARRANI'Y OF TI'I'I.E. Trustar warrartts thai Trustor is or will be law�ully seized of the estate conveyed by this <br />Security Instruxnent and has the right to itrrevocably grant, convey, and sell the Property to Trustee, in trust, wilh power of <br />sale. Trustor aLso warrants that the Property is uneneumbered, except for encumbrances of record. <br />7. PRIOR SEGURITY IN'I'ERES°�S. With regard to any other mortgage, deed o£ trust, security agreement or other lien <br />document that created a prior security interest or encunnbrance on the Property, Trastor agees: <br />A. To make all payments when due and to perfocm or comply with aII wvenants. <br />B. To promptly deliver to Bene�ciazy any notices that't'rustor receives from the ho}der. <br />C. Not to allow anq modi�cation or extension of, nor to request any futnre advances under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent. <br />8. CI.AIMS AGAINST TIT,�.E. Trnstor wi�l pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utili�ies, and othet charges relating to the Property when due. Benefieiazy may require Trustor to provide to Beneficia.ry <br />copies of a11 notices that such amounts aze due and the receipts evidencing Trustar's payment. Trustor will defend title to <br />the Pro�erty against any claims that would impair the lien of khis Security Instrumant. Trustor agrees to assign to <br />�neftciary, as rec�uested by Benefici�ary, any rights, claims or defenses Trustor may have against parties who supply labor <br />or materials to maintain or imgrove the Ptoperty. <br />9. DUE ON SALE OR ENCYJMBRANCE. Bene£�ciazy may, at its option, declare the entire bakance of the Secured Debt to <br />be immediately due and �ayable ugon the creation of, or con�ract for the creation of, any lien, encumbrance, transfer or sale <br />of the Property. This nght is subject to tha zestridions imposed b� federal law (12 C.F.R. 591), as app(icable. This <br />cav.enant s}aatl run with the Property an,d shait remain in effect unul the Secare� Debt is paid in €till and this Security <br />Insttument is released. <br />1Q. PROPERTY CONDTTION, A�„TERATIONS AND INSPECITON. Tzustor will keep 4he Property in good condition and <br />make atk repairs that are reasonably necessary. Trustor shal� not commit or allow any waste, impairment, or deterioration of <br />the Property. Trustor wiFI keep the Property free of noxions weeds and grasses. TrusEor agees Ehat the nature of the <br />accupancy and use will not substantially change withoui Beneffciary's prior writtan eonsent. Trustor will not permit any <br />change in any license, restrictive covenant oc easement without Benefieiary`s prior writtan consent. Trustor wYll notify <br />BeneSciary of all demands, proceedings, claims, and actions against Trustor, and of any Yoss or damage to the Property. <br />Beneficiaty ox Beneficiary's agents may, at I3eneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspECting the Property. Bene�iciary shall �ive Trustor notcce at the time of or befoze an insgection specifying a <br />reasonabke purpose for �he ins�ection. Any inspechon of the Property shall be entirely for Beneficiary`s benefit and Trustor <br />will in no way rely on BeneSciary s inspecnon. <br />11. AUTHORITY TQ PERFORM. If Trustor fails to perform any duty or any of tha covenants contained in this Sea�rity <br />Instrument, Beneficiary may, without noUice, perform or cause them to bepe rformed. Trustor a�points Bene�ciary as <br />attozney in fact to sign Trustor's name or pay any auaount necessary for performance. Bene�iciary s right to perform for <br />'�.'rustor shall mot create an obligation to perform, and Beneficiary's failure to perform wiI! not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under the law or this S�rrity Instrument. If any construction on the Property is <br />disconfinued or not aarxied on in a reasonable manner, Beaeficiacy maq take all steps necessary to grotect Beneficiary's <br />seccririty interest in the Ptoperty, including completion of the constxuctio�►. <br />12. ASSIGNMENT OF LF.ASES AND RENTS. Trustor irrevocablq grants, conveys and sells ta Trustee, in trust for the <br />benefit of Bene�iciarq, as additional security ail the right, title and interest in and to any and all existing or future leases, <br />subleases, and any other written or varbal agreements for the use and ocrupaney af anygo rtian of the Property, including <br />any extensions, renewals, modifications ar substitutions of such agreements (all raferred to as "Leases") and rents, issues <br />and �rofits (all referred to as "Re�nts"). Trustor wiil promptly provide Bene�CCiazy with true and correct copies of all <br />exisb�ng and fnture Leases. Trustor may collect, receive, enjoy and use the Rents so long as Truseor is not in default under <br />the terms of this Secuzity Instrument. <br />Trustor aeknowled�es that this assignment is perfected upon the zeeording of this Deecf of Trust and that Bene�ciaty is <br />entitled to notify any of TrustoF`s tenants to make payment of Rents due flr to become due to Beneficiazy. However, <br />Beneficiazy agrees that only on default u+sll Beneficzary notify TrusYor and Trustar's tenants and make demand that all <br />future Rents be paid directly to Beneficiar�r. Qn rec�iving notice of default, Trustor wiil endorse and deliver to Beneficiary <br />any paytxtent of Rents in Trustor's possession and will receive any Rents in trust for �neficiary and uvill not commingle the <br />Rents with any other funds. Any amounts ctillected wiil be applied as provided in this Securiey Instrument. Trustor warrants <br />that no default exists under the Leases or any applbcable landlordltenant law. '�rustor also agrees to mainfai� and require <br />any tenant to compiy with the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDONIINIiJMS; PLAAiNED UNIT DEVELOPMENTS. Tcustor agrees to coraply with the <br />provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium ox a <br />planned unit development, Trustor will perform al� of Tsustor's dut�es under the covenants, by-laws, or regulations of the <br />condominium or planned unit development. <br />� Q 1884 Bankere Sqatema, Inc., St. Cloud, M N Form RE OT-NE 1 J30�2002 <br />��C165(NE} {oaoi� <br />(page 2 of 4) <br />Loan Number �ooc.�oc.�oc�2� <br />S165EN NE (01/10j <br />