Laserfiche WebLink
201603478 <br /> 10. Property Condition, Alterations and Inspection. Trustor will keep the Property in good <br /> condition and make all repairs that are reasonably necessary. Trustor shall not commit or allow any <br /> waste, impairment, or deterioration of the Property.Trustor will keep the Property free of noxious <br /> weeds and grasses.Trustor agrees that the nature of the occupancy and use will not substantially <br /> change without Beneficiary's prior written consent. Trustor will not permit any change in any license, <br /> restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify <br /> Beneficiary of all demands,proceedings, claims,and actions against Trustor,and of any loss or <br /> damage to the Property. <br /> Beneficiary or Beneficiary's agents may,at Beneficiary's option, enter the Property at any reasonable <br /> time for the purpose of inspecting the Property.Beneficiary shall give Trustor notice at the time of or <br /> before an inspection specifying a reasonable purpose for the inspection.Any inspection of the Property <br /> shall be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. <br /> 11. Authority to Perform. If Trustor fails to perform any duty or any of the covenants contained <br /> in this Security Instrument,Beneficiary may,without notice,perform or cause them to be performed. <br /> Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary <br /> for performance.Beneficiary's right to perform for Trustor shall not create an obligation to perform, <br /> and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's <br /> other rights under the law or this Security Instrument to the extent permitted by law. <br /> 12. Assignment of Leases and Rents. Trustor irrevocably assigns,grants and conveys,to <br /> Trustee, in trust for the benefit of Beneficiary as additional security all the right,title and interest in <br /> the following(all included in "Property"): existing or future leases,subleases, licenses,guaranties <br /> and any other written or verbal agreements for the use and occupancy of the Property,including any <br /> extensions,renewals,modifications or replacements(all referred to as "Leases"); and rents,issues and <br /> profits(all referred to as "Rents").In the event any item listed as Leases or Rents is determined to be <br /> personal property,this assignment will also be regarded as a security agreement. Trustor will promptly <br /> provide Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. <br /> The existing Leases will be provided on execution of the assignment,and all future Leases and any <br /> other information with respect to these Leases will be provided immediately after they are executed. <br /> Trustor may collect,receive, enjoy and use the Rents so long as Trustor is not in default. <br /> Upon default,Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents <br /> with any other funds.Trustor agrees that this Security Instrument is immediately effective between <br /> Trustor and Beneficiary and effective as to third parties on the recording of this Security Instrument. <br /> As long as this Security Instrument is in effect, Trustor warrants and represents that no default exists <br /> under the Leases,and the parties subject to the Leases have not violated any applicable law on leases, <br /> licenses and landlords and tenants. <br /> 13. Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply <br /> with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes <br /> a unit in a condominium or a planned unit development,Trustor will perform all of Trustor's duties <br /> under the covenants,by-laws,or regulations of the condominium or planned unit development. <br /> 14. Default. Trustor will be in default if any party obligated on the Secured Debt fails to make <br /> payment when due.Trustor will be in default if a breach occurs under the terms of this Security <br /> Instrument or any other document executed for the purpose of creating, securing or guarantying the <br /> Secured Debt.A good faith belief by Beneficiary that Beneficiary at any time is insecure with respect <br /> to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value <br /> of the Property is impaired shall also constitute an event of default. <br /> 15. Remedies on Default. In some instances, federal and state law will require Beneficiary to <br /> provide Trustor with notice of the right to cure or other notices and may establish time schedules for <br /> foreclosure actions. Subject to these limitations,if any,Beneficiary may accelerate the Secured Debt <br /> and foreclose this 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 <br /> principal shall become immediately due and payable, after giving notice if required by law,upon <br /> the occurrence of a default or anytime thereafter.In addition, Beneficiary shall be entitled to all the <br /> remedies provided by law,the terms of the Secured Debt,this Security Instrument and any related <br /> documents, including without limitation, the power to sell the Property. <br /> If there is a default,Trustee shall, in addition to any other permitted remedy,at the request of the <br /> Beneficiary,advertise and sell the Property as a whole or in separate parcels at public auction to the <br /> highest bidder for cash and convey absolute title free and clear of all right,title and interest of Trustor <br /> at such time and place as Trustee designates. Trustee shall give notice of sale including the time,terms <br /> and place of sale and a description of the Property to be sold as required by the applicable law in effect <br /> at the time of the proposed sale. <br /> Deed Of Trust Closed End-NE <br /> Bankers Systems' VMP® 03/2016 <br /> Wolters Kluwer Financial Services 0 2014 2016051716.1.0.3454-N20160318N Page 3 of 6 <br />