Laserfiche WebLink
. . -, <br /> � 0 � 404 � � � <br /> If more than one 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 required disclosure about this Deed of Trust <br /> or if Beneficiary fails to give any required notice of the right of rescission. <br /> 5. PAYMENTS. 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 seN 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 AGAINST 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 /> 7rustor'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 rights, 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 7rust,Trustor agrees: <br /> A. To make al! 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. 591►, 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 Isuch as <br /> a corporation or other organizationl, 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 /> Securitylnstrument•Commercial/Agricultural-NE AGCO-RESI-NE 7/1/2017 <br /> VMPO Bankers SystemsTM VMP-0595�NE1 111071.00 <br /> Wolters Kluwer Financial Services OO 1993,2011 Page 3 of 10 <br />