20210033.,
<br />C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not
<br />prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit
<br />account agreement between Trustor and Beneficiary.
<br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or
<br />otherwise protecting the Property and its value and any other sums advanced and expenses
<br />incurred by Beneficiary under the terms of this Deed of Trust, plus interest at the highest rate in
<br />effect, from time to time, as provided in the Evidence of Debt.
<br />E. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to
<br />Beneficiary and any Deed of Trust securing, guarantying, or otherwise relating to the debt.
<br />If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust
<br />will secure all future advances and future obligations described above that are given to or incurred by
<br />any one or more Trustor, or any one or more Trustor and others. This Deed of Trust will not secure any
<br />other debt if Beneficiary fails, with respect to such other debt, to make any required disclosure about
<br />this Deed of Trust or if Beneficiary fails to give any required notice of the right of rescission.
<br />5. PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance
<br />with the terms of the Evidence of Debt or this Deed of Trust.
<br />6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed by this
<br />Deed of Trust and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of
<br />sale, the Property and warrants that the Property is unencumbered, except for encumbrances of record.
<br />7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments,
<br />ground rents, utilities, and other charges relating to the Property when due. Beneficiary may require
<br />Trustor to provide to Beneficiary copies of all notices that such amounts are due and the receipts
<br />evidencing Trustor's payment. Trustor will defend title to the Property against any claims that would
<br />impair the lien of this Deed of Trust. Trustor agrees to assign to Beneficiary, as requested by
<br />Beneficiary, any rights, claims or defenses which Trustor may have against parties who supply labor or
<br />materials to improve or maintain the Property.
<br />8. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or
<br />other lien document that created a prior security interest or encumbrance on the Property and that may
<br />have priority over this Deed of Trust, Trustor agrees:
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder.
<br />C. Not to make or permit any modification or extension of, and not to request or accept any future
<br />advances under any note or agreement secured by, the other mortgage, deed of trust or security
<br />agreement unless Beneficiary consents in writing.
<br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the
<br />Secured Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer,
<br />or sale, or contract for any of these on all or any part of the Property. This right is subject to the
<br />restrictions imposed by federal law, as applicable. For the purposes of this section, the term "Property"
<br />also includes any interest to all or any part of the Property. This covenant shall run with the Property
<br />and shall remain in effect until the Secured Debt is paid in full and this Deed of Trust is released.
<br />10. TRANSFER OF AN INTEREST IN THE TRUSTOR. If Trustor is an entity other than a natural person (such
<br />as a corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial
<br />interest in Trustor is sold or transferred; (2) there is a change in either the identity or number of
<br />Agricultural/Commercial Real Estate Security Instrument -NE
<br />Bankers Systems7M VMP®
<br />Wolters Kluwer Financial Services © 1993, 2011
<br />VMPC595)NE) (1701).00
<br />AGCO-RESI-NE 1/1/2017
<br />Page 3 of 13
<br />
|