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201807981 <br />9. Warranties and Representations. Trustor has the right and authority to enter into this Security <br />Instrument. The execution and delivery of this Security Instrument will not violate any agreement <br />governing Trustor or to which Trustor is a party. <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 mav, 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 perforin 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 terns 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 />Deed Of Trust Closed End -NE <br />Bankers Systems" VMPO <br />Wolters Kluwer Financial Services ® 2014 <br />07/2018 <br />18.3.0.2131-J20181013N Page 3 of 7 <br />