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200000905 <br /> B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br /> promissory note, contract, guaranty, or other evidence of debt existing now or exec;uted after this Deecl of Trust <br /> whether or not this Deecl of Trust is spec;ifically referred to in the evidence of debt. <br /> C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohibitecl by <br /> law, including, but not limitecl to, liabilities for overdrafts relating to any deposit account agreement between <br /> Trustor and Beneficiary. <br /> D. All additional sums advancecl and expenses incuned by Beneficiary for insuring, preserving or otherwise protec;ting <br /> the Property and its value and any other sums advanced and expenses incurrecl by Beneficiary under the terms of <br /> this Deed of Trust, plus interest at the highest rate in effect, from time to time, as providecl in the Evi�lence of <br /> Debt. <br /> E. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any De�d <br /> of Trust securing, guarantying, or otherwise relating to the debt. <br /> If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will secure all <br /> future advances and future obligations described above that are given to or incurrecl by any one or more Trustor, or any <br /> one or more Trustor and others. This D�ecl of Trust will not secure any other debt if Beneficiary fails, with respect to such <br /> other debt, to mal�e any reyuired disclosure about this Deed of Trust or if Beneficiary fails to give any rec{uirecl notice of <br /> the right of rescission. <br /> 5. PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the <br /> Evidence of Debt ar this Deed of Trust. <br /> 6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seizecl of the estate conveyed by this Deecl of Trust <br /> and has the right to inevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and warrants <br /> that the Property is unencumberecl, except for encumbrances of record. <br /> 7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br /> utilities, and other charges relating to the Property when due. Beneficiary may reyuire Trustor to provide 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 lien of this Deecl of Trust. Trustor agrees to assign to Beneficiary, as <br /> reyuested by Beneficiary, any rights, claims or defenses which Trustor may have against parties who supply lahor or <br /> materials to improve or maintain the Property. <br /> 8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, de.�d of trust, security agre�ment or other lien <br /> document that createcl a prior security interest or encumbrance on the Property and that may have priority over this Deed <br /> of Trust, Trustor agre�es: <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 reyuest or accept any future advances under any <br /> note or agreement securecl by, the other mortgage, deed of trust or security agreement unless Beneficiary consents <br /> in writing. <br /> 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Sec;urecl Deht to <br /> he immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these <br /> on the Property. However, if the Property includes Trustor's residence, this section shall be subjec;t to the restrictions <br /> imposecl by federal law(12 C.F.R. 591), as applicable. For the purposes of this sec;tion, the term "Property" also includes <br /> any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effec;t until the <br /> Secured Debt is paid in full and this Deecl of Trust is released. <br /> 10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other than a natural person (such as a <br /> corporation or other organization), Beneficiary may demand immecliate payment if (1) a beneficial interest in Trustor is <br /> sold or transferred; (2) there is a change in either the identity or number of inembers of a partnership; or (3) there is a <br /> change in ownership of more than 25 percent of the voting stock of a corporation. However, Beneficiary may not demand <br /> payment in the above situations if it is prohibited by law as of the date of this Deecl of Trust. <br /> ll.ENTITY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as a <br /> corporation or other arganization), Trustor makes to Beneficiary the foilowing warranties and representations which shall <br /> 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 (or <br /> arganization). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the power <br /> and authority to own the Property and to carry on its business as now being conducted and, as applicable, is <br /> qualified to do so in each state in which Trustar operates. ' <br /> B. The exec;ution, delivery and performance of this Deed of Trust by Trustor and the ohligation evidenced hy the <br /> Evidence of"Debt are within the power of Trustor, have been duly authorized, have received all necessary <br /> governmental approval, and will not violate any provision of law, or order of court or gov�rnmental agency. <br /> C. Other than disclosed in writing Trustor has not changecl its name within the last ten years and has not usecl any <br /> other trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any <br /> other name and will preserve its existing name, trade names and franchises until the Securecl Debt is satisfied. <br /> 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition <br /> and make alt repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to <br /> the Property:T�astbr will�l�eep,the Property free of noxious weeds and grasses. Trustor will not initiate,join in or consent <br /> to any change in any private restrictive covenant, zoning ordit�ance or other public or private restriction limiting or <br /> defining the uses which may be made;of the Property or any part of the Property, without Beneficiary's prior written <br /> consent. Trustor will notify Beneficiary of all demands, proceedings; claims, and actions against Trustor or any other <br /> owner made under law or regulation regarding use, awnership and occupancy of the Property. Trustor will comply with all <br /> legal reyuirements and restrictions,,wh�ther public dr private, with respect to the use of the Property. Trustor also agrees <br /> that the nature of the occupancy and use will not`change without Beneficiary's prior written consent. <br /> No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent <br /> except that Trustor has the right to remove items of personal property comprising a part of the Property that become worn'� <br />. , „o,.o �„�� <br />