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200004070 <br />B. <br />1 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 executec <br />ter this Security Instrument whether or not this Security Instrument is specifically referenced. If more than on <br />rson signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances <br />d future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor an <br />thers. 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 or <br />future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. <br />C. <br />1 obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, bu <br />D. <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, <br />preserving or otherwise protecting <br />he Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br />Security Instrument. <br />is <br />Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />rescission. <br />5. <br />PAYMENTS. <br />Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br />terms <br />of the Secured Debt and this Security Instrument. <br />6. <br />NTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security <br />Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />O <br />1Z SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />o <br />un <br />ent that created a prior security interest or encumbrance on the Property, Trustor agrees: <br />o make all payments when due and to perform or comply with all covenants. <br />B. <br />o 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 agreement <br />cured by the lien document without Beneficiary's prior written consent. <br />8. <br />AI <br />AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />t' <br />iti <br />s, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiar <br />co <br />pie <br />of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to <br />tho <br />operty against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to <br />Bene <br />ciary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor <br />or <br />ma <br />erials to maintain or improve the Property. <br />9. <br />E <br />ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be <br />im <br />nediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sal <br />of <br />the <br />Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />o <br />ien <br />it shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />In! <br />truinent <br />is released. <br />10. <br />PROPERTY <br />CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition an <br />e <br />ill repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of <br />the <br />Pi <br />operty. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the <br />occup <br />cy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any <br />charige <br />in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify <br />Be <br />nef <br />ciary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br />Benef <br />ciary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of <br />impecting <br />the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying <br />e , <br />so r <br />able purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trusto <br />i <br />1 in <br />no way rely on Beneficiary's inspection. <br />11. <br />A] <br />JTI <br />IORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />In! <br />tru <br />nent, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as <br />tt <br />rn <br />y in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for <br />r <br />x <br />st <br />rci <br />r shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary fro <br />ing any of Beneficiary's other rights the law this Security Instrument. If <br />under or any construction on the Property iss <br />i <br />co <br />tinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary' <br />uri <br />y interest in the Property, including completion of the construction. <br />12. <br />4,SSIC <br />NMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />be <br />efi <br />of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, <br />su)leases, <br />and any other written or verbal agreements for the use and occupancy of any portion of the Property, including <br />anit <br />extensions, <br />renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issue <br />ani <br />p <br />ofits (all referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct copies of all <br />x <br />stir <br />g and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under <br />th <br />terms <br />of this Security Instrument. <br />r <br />st <br />r acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />n <br />itled <br />to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Beneficiary <br />agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all <br />fui <br />ure <br />Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />in <br />i payment <br />of Rents in Trustor's possession and will receive any Rents in trust for Beneficiary and will not commingle the <br />le <br />is <br />with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrant <br />t no <br />default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to maintain and require <br />iny <br />tenant <br />to comply with the terms of the Leases and applicable law. <br />13. <br />A <br />EHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />r <br />1 <br />vi <br />n <br />ions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or <br />unit development, Trustor will all of Trustor's duties under the covenants, by -laws, <br />perform or regulations of the <br />condominium <br />or planned unit development. <br />(page 2 of 4 <br />994 <br />Bankers Systems, Inc., St, Cloud, MN (1 -800- 397 -2341) Form RE -DT -NE 10/27197 <br />