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240003845 <br />I <br />11 future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under an <br />romissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary execute <br />after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than on <br />person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances <br />and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor an <br />others. All future advances and other future obligations are secured by this Security Instrument even though all or' <br />art may not yet be advanced. All future advances and other future obligations are secured as if made on the date o <br />his Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional o <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 />D. not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. <br />All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />the 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 />5. P. <br />to <br />6. �M <br />7. <br />18. <br />9. <br />10. <br />i <br />11. <br />ENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br />the Secured Debt and this Security Instrument. <br />ANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power o <br />astor also warrants that the Property is unencumbered, except for encumbrances of record. <br />SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other li <br />at that created a prior security interest or encumbrance on the Property, Trustor agrees: <br />make all payments when due and to perform or comply with all covenants. <br />promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />of to allow any modification or extension of, nor to request any future advances under any note or agreemen <br />:cured by the lien document without Beneficiary's prior written consent. i <br />,AIM[S AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,) <br />lit* s, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Benefici <br />)ie of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to <br />P operty against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to <br />nefciary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor <br />materials to maintain or improve the Property. <br />0 E ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be imynediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sal <br />Hof the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Instrurnent is released. <br />PI�O ERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br />make ill repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of <br />the P operty. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the <br />0c;upincy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any <br />Ch g in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notif} <br />Bene llciary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br />Beiefjciary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br />,reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustorl <br />wi l in no way rely on Beneficiary's inspection. <br />AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as <br />att rn y in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for <br />Tr istor shall not create an obligation to perform, and Beneficiary s failure to perform will not preclude Beneficiary frorr <br />exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property is <br />dico tinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's <br />se�uri y interest in the Property, including completion of the construction. <br />12. A SIGFNMIENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benef of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, . <br />ruble es, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including <br />any a tensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issues <br />an p ofits (all referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct copies of all <br />existing and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under) <br />the toms of this Security Instrument. <br />Tr astdr acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However,) <br />eficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that al <br />'future!: Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Trustor's possession and will receive any Rents in trust for Beneficiary and will not commingle the <br />R is with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants <br />th t n default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to maintain and require <br />an t ant to comply with the terms of the Leases and applicable law. <br />113. gA EHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condormnium or <br />plann d unit development, Trustor will perform all of Trustor's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />i I ' <br />I <br />%'e of 4D <br />�994IIIBankers Systems, Inc., St. Cloud, MN (1- 800 - 397 -2341) Form RE -DT -NE 10/27/97 <br />