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202401225 <br />10. Warranties and Representations. Trustor has the right and authority to enter into this <br />Security Instrument. The execution and delivery of this Security Instrument will not violate any <br />agreement governing Trustor or to which Trustor is a party. <br />11. 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 />12. Authority to Perform. If Trustor fails to perform any duty or any of the covenants contained <br />in this Security Instrument, Beneficiary may, 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 <br />perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under the law or this Security Instrument to the extent permitted by law. If <br />any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may <br />take all steps necessary to protect Lender's security interest in the Property, including completion of <br />the construction. <br />13. 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 />14. 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 />VO1.1.1.30414 <br />Deed Of Trust Closed End -NE <br />0 2023 Wolters Kluwer Financial Services, Inc. 10/2023 <br />All rights reserved. 24.1.0.5467-J20231222N Page 4 of 9 <br />