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200401369 Application # 0122273725 B. All future advances from Beneficiary to Truster or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed after this Security Immanent whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Truster agrees that tlris Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Tmstor, or any one or more Truster and others. All future advances and other future obligations are seemed by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment most be agreed to in a separate writing. C. Ali obligations Trustor owes to Beneficiary, which stay later arise, to the extent not prohibited by law, including, but not limited m, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 5. PAYMENTS, Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Truster warrants that Tipster is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in bust, with power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Ttustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Truster will pay all taxes, assessments, liens, encumbrances, lease payments, ground reins, utilities, and other charges relating to the Property when due. Beneficiary may require Truster to provide to Beneficiary copies of an notices that such amounts are due and the receipts evidencing Truster's payment. Truster will defend title to the Property against any claims that would impair the lien of this Security Instrument. Trustur agrees to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses Truster may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R.591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instwnent is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of Ore Property. Truster will keep the Property free of noxious weeds and grasses. Trusmr agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will nut permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Truster will notify Beneficiary of all demands, proceedings, Claims, and actions against Trustor, and of any loss or damage to the Property. Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter lie Property at any reasonable time for the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Truster's name or pay my amount necessary for perfomice. Beneficiary's right to perform for Tmsmr shall not create an obligation to perform, and Beneficiary's failure w perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grams, conveys and sells to Trustee, in trust for the benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issues and profits (all referred to as "Rents"). Trustor will promptly provide Beneficiary with we and correct co tea of all existing and future Leases. Truster may collect, receive, enjoy and use the Rents so long as Truster is not in default under the terms of this Security Instrument Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled to notify any of Truster's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all future Rents be paid directly in Beneficiary. On receiving notice of default, Truster will endorse and deliver to Beneficiary any payment of Rents in Truster's possession and will receive any Rents in trust for Beneficiary and will not commingle the Rem with any other funds. Any amounts collected will be applied as provided In this Security Instrument. Trustor warrants that no default exists under the Leases or any applicable landlord/tempt law. Trustor also agrees in mrso ntatin and require any tenant in comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Truster agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Truster will perform all of Trustor's duties under die covenants, by -laws, or regulations of the condominium or planned unit development. �-n fpage2ut4) © 1894 8WROM Systems. Im.. S1, elwa. ON o'eoaas }$s4n Form HE-m -NE 1M] 19] 4®-Ci66(RE)) (seise)