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l' ;�; ; �. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary m�y, at �ts option, declare the entire balance of the <br />Secured Debt to be immediately due and payable upon the preatioII of, transfer or sale of a11 or any part of the <br />Property. This right is subject to the restrictions imposed by fede#al law (12 C.F.R. 591), as applicable. This <br />covenant shall run with the Property and shall remain in effect until tlie Secured Debt is paid in full and this <br />Security Instrument is released. ' <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good <br />condition and make all repairs that are reasonably necessary. Tr�stor; shall not commit or allow any waste, <br />impairment, or deterioration of the Property. Trustor w�ill kee� the Property free of noxious weeds and <br />grasses. Trustor agrees that the nature of the occupancy and use �will not substantially change without <br />Beneficiary's prior written consent. Trustor will not permik any c�ang� in any license, restrictive covenant or <br />easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, <br />proceedings, claims, and actions against Trustor, and of any loss oi dam$ge to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's o�tion, pnter,the Property at any reasonable time for <br />the purpose of inspecting the Properiy. Beneficiary shall' give firustor notice at the time of or before an <br />inspection specifying a reasonable purpose for the inspection. Any ins�ection of the Property shall be entirely <br />for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. <br />��. � <br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in <br />this Security Instrument, Beneficiary may, without notice, perfoim or cause them to be performed. Trustor <br />appoints Beneficiary as attomey in fact to sign Trustor's name or'pay any amount necessary for performance. <br />Beneficiary's right to perform for Trustor shall not create �u obligativ� to perform, and Beneficiary's failure <br />to perform will not preclude Beneficiary from exercising any of i Ben�ficiary's other rights under the law or <br />this Security Instrument. If any construction on the Property is discontinued or not canied on in a reasonable <br />manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, <br />including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor ine+Vocabl assigns, grants and conveys, to Trustee, in <br />trust for the benefit of Beneficiary as additional security �11 the �right, title and interest in the following (all <br />referred to as Progerty): existing or future leases, subleases, li�enses, guaranties and any other written or <br />verbal agreements for the use and occupancy of the Prop�rty, including any extensions, renewals, <br />modifications or replacements (a11 refened to as Leases); and� }'ents, issues and profits (all refened to as <br />Rents). In the event any item listed as Leases or Rents is d'etermi�led td be personal property, this Assignment <br />will also be regarded as a security agreement. Trustor wi1'1 pro�ptly !provide Beneficiary with copies of the <br />Leases and will certify these Leases are true and conect copie�. Tt�e existing Leases will be provided on <br />execution of the Assignment, and all future Leases and any other �nforwation with respect to these Leases will <br />be provided immediately after they are executed. Trustor may c�ollect, receive, enjoy and use the Rents so <br />long as Trustor is not in default. <br />Upon default, Trustor will receive any Rents in trust for Beneficiary �nd will not commingle the Rents with <br />any other funds. Trustor agrees that this Security Instrument is', immediately effective between Trustor and <br />Beneficiary and effective as to third parties on the recording of tlus Assignment. As long as this Assignment <br />is in effect, Trustor warrants and represents that no defaultl exists; und�r the Leases, and the parties subject to <br />the Leases have not violated any applicable law on leases, liCenses and I�ndlords and tenants. <br />� ; � <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DE�ELQPMENTS. Trustor agrees to comply <br />with the provisions of any lease if this Security Instniment is on a leasehold. If the Property includes a unit in <br />a condominium or a planned unit development, Trustolt will ' all of Trustor's duties under the <br />covenants, by-laws, or regulations of the condominium or pl�nned wnit development. <br />I <br />14. DEFAULT. Trustor will be in default if any party obligated on t�ie Secured Debt fails to make payment when <br />due. Trustor will be in default if a breach occurs under the ter;ns o� this Security Instrument or any other <br />document executed for the purpose of creating, securing ot guaraprying the Secured Debt. A good faith belief <br />by Beneficiary that Beneficiary at any time is insecure with resp;ect tp any person or endty obligated on the <br />Secured Debt or that the prospect of any payment or the value of jthe Property is impaired shall also constitute <br />an event of default. <br />15. REMEDIES ON DEFAULT. In some instances, federa�� and s�ate Iaw will require Beneficiary to provide <br />Trustor with notice of the right to cure or other notices and� y�stablish time schedules for foreclosure <br />actions. Subject to these limitations, if any, Beneficiary may ackelerate the Secured Debt and foreclose this <br />Security Instrument in a manner provided by law if Trustor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees, and charges, accrued interest and principal <br />shall become immediately due and payable, after giving riotice req�uired by law, upon the occunence of a <br />default or anytime thereafter. In addition, Beneficiary sh�il be�ntitled to all the remedies provided by law, <br />the terms of the Secured Debt, this Security Instrument and' any' related documents, including without <br />limitation, the power to sell the Property. � <br />I RE-DT-NE 7/112017 <br />Security Insvument-Consumer-NE � VMP-C18bINE1 111071.00 <br />VMP� Bankera SystemsT� Paga 3 of 8 <br />Woltera Kluwer Rnencial Servicea OO 1994, 2017 � <br />