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201304980 <br /> B. All future adva=e. from BenefiCiary tO Trustor or other figure. Obligations cdl Trustor to Beneficiary =der ar.:y <br /> promissory note, contract, guaranty, or other evidence of debt executed by. Tr or M favor of Beneficiary executod <br /> after this Sffairit,, Instrument whether or not :his Seeurity Instrument is specifically referenced, If more than_ one <br /> person sigus.%,his Security Instrument,.each Trestor aues that this Security Instruirgii t.will,secure all future advances <br /> rind ftione obligations-that are give:a:to OT incurred by any one or more Trustor, or any one or more Trustor and <br /> others, Afl future advances and other future obligations are secured by this Security Instrument even though all or <br /> oart may no:-vetl-vs. i)(1 ,ced All inture tWvanctis and-other future obligations are secured as if made on the date of <br /> this Seinrity Imminent. Nothing L this Security Instrument shall constitute a commitment to make additional or <br /> future loans or advances in any'atenunt. An SW:11 cominimient must be agreed to in a s(parate writing: <br /> C. obligations Trustor owes to Beneficiar,Hy', winch may are arise,m the-extent riot prob.-UAe .by law, including, ,but <br /> nOt thr overdrafts relating-to deposit account agreement between Thistor and Beneficiary, <br /> D, All additional stuns advaed and expenses incurred by'Beneficiary for insuritig, preserving or ottien:Ase pretet:a3nz <br /> the.Propem-and its value, and any other sums advanced and-expenses.incurred by"Beneficiary under the temas of thiS <br /> Security lostniment. <br /> This Security Instrument 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 all payments 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 /> 6. WARRANTY OF TITLE. Trustor warrants that Trustor is or. will be lawfully seized of the estate conveyed by this <br /> Security Instrument and has the right to irrevoubly grant, convey, and sell the Property to Trustee, in trust, with power of <br /> sale. Truster also warrants that the Property is unencumbered, except for encumbrances of record, <br /> 7. PRIOR SECURITY INTERESTS. With regard to any Other mortgace, deed of titSt., security agreement or other lien_ <br /> do .en timt created a pri,ar secunty interest.e:r eneumbrance on the Pro „.rry,Trustor agrees: <br /> A To make a paymelats wit=due and to perform.or mnply with.aircovenaillS, <br /> B. To promptly deliver to Beneficia.ry anv WEIWS:hat"frustorreceb,es frotrrthe holder. <br /> C, Not to Olow any modification or eiterision of, nor to request any future advances under any note or agreement <br /> secured by the lien document without Beneficiary's prior written consent. <br /> 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, lease.payments, ground rents, <br /> utilities, and other chargc s. relating to the Property when due. Beneficiary re.quire-TMOr o nn 'in to Beneficiary <br /> copies of all notices that.such amounts are due and the receipts evidencing Trustor s payment. Trustor will defend title,to <br /> the Property against any claims that would impair the nen of this Security Instrument. Trustor agrees io aSsign to <br /> Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trusfor may have against partes who-suppiy labor <br /> or materials to maintain or improve the Property. <br /> 9. DUE ON SALE OR ENCUMBRANCE, Benefit...ntry may, at Its option.. -declare the entire balance of the Secured Debt to <br /> he immediately due and pa-.)-abie upon the creation of. ransfer or sale of all or any part of the Property. This right is subject <br /> to the restrictions i' posed by federal law (12 C,F,R, 591), as applimble. This covenant ' all run- with the Property and <br /> shall remain hi.effect until tile-Secured Debt is paid.lia'full and this Security Instrurrient is released. <br /> 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION, Trustor will keep the Property in gond COndhiOn and <br /> make all repairs:hat are.reasonablv necessary. TRIStat shall net(°.orti-fait ur:allow any waste, impairment, or deterioratioti of <br /> the. Property. Trus:tor will keep the Property free of noxious weeds tind grasses. Trusser agree s. die, the nature of. :he <br /> occupancy and use vt/ill no substantially change without Beneficiary's Fncior wthwn bonsetit, Trustor will riot permit any <br /> change in any license, restrictive_covenant or easement without:Beneficiary's.prior written arit'3ent, Trustor will notify <br /> Beneficiary of all demands, proceedings, claims, and actions against-Trustor, :arida any loss or(image_to the Property. <br /> Beneficiary or.Beueliciary's agents may. at Beneficiary's option, enter the Property at any reasonable time for the purpose <br /> inspecting the Property,. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br /> reasonable purpose fbr the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor <br /> will in no way rely on Beneficiary's inspection, <br /> It AUTHORITY TO PERFORM„ If Trusior fails to pt,nrform any duty or any of the covenants contained_in this Security <br /> Inatrornent, Beneficiary may, without notice, pe om or cause them to be pi.'rfortrted.. TrII.StOr appoin5 Bac.iry as <br /> attamey ir fw. o gn Trustor's."RaUle Or.pay any timount rwessary for pertormanee, 13eneficiary'S right to perform. for <br /> Truster shall not create at oWiption to petfOrin„ -and Beneficiary's failure to ,nerforni will riot preclude Beneficiary from <br /> exercisina any of Beneficiary's other rights under-the law or this Secarity hittrurnent, If any wnStruettoll on the PrOperty <br /> discontinued or not carried on in a 37t)-3.$01.Iit l'rtaltrWr Bel'eficiary n.:1.y take ail steps necossary to protect Benefioiary's <br /> Security interest in the Property, including completion of the construction. <br /> 12. ASSGNMENI OF LEASES AND RENTS..Trustor irrevocably assigns, grams and conveys, to Trustee, in trust.fur the <br /> benefit of Beneficiary as asidifional se-curi.ty ail the right, title and intereat in the following all referred to as Property): <br /> existing <br /> or future leases, subleases, licenses, prim-rules and any other written or Verbal agreements or the use and. <br /> occtiparit:'..y of the Property, including any extensions, reriew-ids, modifications or replacements (all F.eferred: to as Leases); <br /> and,reiltS, issues and prof:1.<U (all referred to PS Rents), In the event:any item listed as Leases or Rents is determined to be <br /> per .0J ipnitperty, this Assignment will also be regarded as a(4txurity Truster will promptly provide,Beneficiary- <br /> with copies of the Leases and will certify these Leases are true and correct-copies. The existing Leases will be provided on <br /> execution of the Assipment„ and al future Leases and any other information With mptte,:.to-these Le.ases be provided <br /> ismnediately after they are executed.. Trustor may collect, receive, enjoy-and use the Rents so long as Tnistor s ric>t in <br /> default. <br /> Upon default, Trustor will receive-any Rents in Frost for. Beneficiary and will not-corniningle the Rents with any other <br /> funds. T.rustor agrees that this Security Instrument is immediately effective between Trustor and Beneficiary and effective as <br /> to third past on the-M.C.Ording of this Assignment. his long as this Assignment is M effect,Ttustor warrants and represents <br /> that no default exist .nder the Leases, aial the panies subject .o the Leases have rot viel-f3.ted any applicable law on lea.ses, <br /> licenses and landlords and tenants.. <br /> 13, LEASEHOLDS; CONDONIIINTUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br /> provisions of any lease if this Security instrament is on a leasehold. If the Property includes a unit in a condominium or a <br /> planned„unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the <br /> cdridoriniihan or planned ii u.de,,«tiopmerri, <br /> / ai <br /> 0 1994 Wolters Kk,w F;IlafiCi2f S an <br /> erViCS-Bkers Systemsn< Farm RE-DT-NE 12/15/2006 jf/t /*:• rNyi <br /> VMP C651NE) (0708, ;(f. <br /> % <br />