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II <br />200003639 <br />B. 1 future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under an <br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary execut <br />after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one <br />person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances <br />pr�d future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and <br />(others. All future advances and other future obligations are secured by this Security Instrument even though all or <br />Dart may not yet be advanced. All future advances and other future obligations are secured as if made on the date of <br />this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or <br />(future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. <br />C. ;All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but <br />of limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. <br />11 additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />e Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br />Security Instrument. <br />This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />pe cis ion. <br />S. PAYMEENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br />j erms of the Secured Debt and this Security Instrument. <br />16. 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 irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. PRIO ft SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />doc. t that created a prior security interest or encumbrance on the Property, Trustor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />Not to allow any modification or extension of, nor to request any future advances under any note or agreement <br />secured by the lien document without Beneficiay s prior written consent. <br />8. C A S AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />tiliti s, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiar3 <br />coPieE 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 Security Instrument. Trustor agrees to assign tc <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor <br />for ma erials to maintain or improve the Property. <br />SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt tc <br />be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or salt <br />of tht Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. Thi: <br />co enuit shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Inf is released. <br />10. PIRO ERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition anc <br />e ill repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of <br />he Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the <br />c up incy an d use will not substantially change without Beneficiay s prior written consent. Trustor will not permit any <br />h ge in any license, restrictive covenant or easement without Beneficiay s prior written consent. Trustor will notif3 <br />Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br />Belief ciary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purposE <br />f! inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying <br />or able purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiay s benefit and Trusto <br />wi 1 in no way rely on Beneficiary's inspection. <br />11. 110RITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Securit3 <br />n ent, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary a <br />tt rn y in fact to sign Trustor' s name or pay any amount necessary for performance. Beneficiay s right to perform fo1 <br />r st r shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary fron <br />x ci ing any of Beneficiay s other rights under the law or this Security Instrument. If any construction on the Property i; <br />co tinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiay <br />hs Uri interest in the Property, including completion of the construction. <br />12. I'jA SI NMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />efi t of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases <br />. �ubleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, includinj <br />an It extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issue; <br />p$-ofits (all referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct copies of al <br />x sting and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under <br />Ithe terms of this Security Instrument. <br />'Fristor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />F ful itl to notify any of Trustor' s tenants to make payment of Rents due or to become due to Beneficiary. However. <br />e ciary agrees that only on default will Beneficiary notify Trustor and Trustor' s tenants and make demand that al <br />a Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiar3 <br />an payment of Rents in Trustor's possession and will receive any Rents intrust for Beneficiary and will not commingle th <br />R is with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrant <br />h t n default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to maintain and requir, <br />t ant to comply with the terms of the Leases and applicable law. <br />13. A EHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with th1 <br />provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or <br />plarmed unit development, Trustor will perform all of Trustor' s duties under the covenants, by -laws, or regulations of thr <br />oo do 'nium or planned unit development. <br />(page 2 of 4, <br />Bankers Systems, Inc., St. Cloud, MN (1- 800 - 397 -2341) Form RE -DT -NE 10/27/97 <br />