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200112031 <br />S. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide notice of the right of rescission, Lender waives any subsequent <br />security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security <br />Instrument will not secure any debt for which a non - possessory, non - purchase money security interest is <br />created in "household goods" in connection with a "consumer loan," as those terms are defined by federal <br />law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for <br />which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," <br />as defined and required by federal law governing securities. <br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in <br />;ordance with the terms of the Secured Debts and this Security Instrument. <br />WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by <br />s Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, <br />th power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of <br />. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or <br />then lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Lender any notices that Grantor receives from the holder. <br />,. C. Not to allow any modification or extension of, nor to request any future advances under any note or <br />agreement secured by the lien document without Lender's prior written consent. <br />CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, <br />round rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to <br />rovide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's <br />syment. Grantor will defend title to the Property against any claims that would impair the lien of this Security <br />istrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor <br />gay have against parties who supply labor or materials to maintain or improve the Property. <br />. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately <br />e and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This <br />"`ht is subject to the restrictions imposed by federal law governing the preemption of state due -on -sale laws, <br />as applicable. <br />WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security <br />trument. The execution and delivery of this Security Instrument will not violate any agreement governing <br />intor or to which Grantor is a party. <br />0. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good <br />Dndition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, <br />npairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. <br />cantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior <br />â–ºritten consent. Grantor will not permit any change in any license, restrictive covenant or easement without <br />ender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions <br />gainst Grantor, and of any loss or damage to the Property. <br />ender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of <br />ispecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a <br />3asonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and <br />Irantor will in no way rely on Lender's inspection. <br />11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this <br />'Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints <br />.ender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right <br />kperform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude <br />1hider from exercising any of Lender's other rights . under the law or this Security Instrument. If any <br />construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps <br />necessary to protect Lender's security interest in the Property, including completion of the construction. <br />2. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, bargains and conveys to Trustee, in <br />-ust for the benefit of the Lender, as additional security all the right, title and interest in and to any and all: <br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for <br />the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or <br />substitutions of such agreements (all referred to as Leases). <br />B. Rents, issues and profits (all referred to as Rents), including but not limited to security deposits, minimum <br />rent, percentage rent, additional rent, common area maintenance charges, parking charges, real estate taxes, <br />other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation <br />premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, 0d <br />contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain t tll'lli <br />to or are on account of the use or occupancy of the whole or any part of the Property. <br />Alonzo Rivas Garcia JDC <br />liska Deed Of Trust Initials <br />: W76121700505900003440016110801Y °1996 Bankers Systems, Inc., St. Cloud, MN E5cJ55i " Page 2 <br />