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d �- <br /> �9�G5559 <br /> B. All future advances from Benefici ortother e�dencetof debthe ecutled by Trust r in favo�o�Be efic��iary executed <br /> promissory note, contract, guarantY, <br /> after this Security Instrument whether or not this Security Instrument is specifically referenced. If more t an one <br /> person signs this Securit�Instrument, each Trustor agrees that this Security Instrument will secure a11 future advances <br /> and future obligations that ai'e given to or incurred by any one or more Trustor, or any one or more Trustor and <br /> others. All future advances and other future obligations are secured by this Security Instrument even though a11 or <br /> part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of <br /> this Security Instrument. Nothing in this Security Instrument sha11 constitute a commitment to make additional or <br /> future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. <br /> C. All dbligations Trustor owes to Beneficiary,,which may later arise, to the extent not prohibited by law, including, but <br /> not limited to, liabilities for overdrafts relatmg to any deposit account agreement betwserv n�o�rother�se pro�ing <br /> D. All additional sums advanced and expenses incurred by Beneficiary for inswing, p g <br /> the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br /> Security Instrument. <br /> This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br /> rescission. <br /> 5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br /> terms of the Secured Debt and this Securrty Instrument. <br /> 6, WpRRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br /> sale. T ustor�also warrants�that the Property is nnencwnberedne cept�for encumbrances of rec =d�' in trust, wnth power of <br /> deed of trust security agreement or other lien <br /> 7. PRIOR SECURIT'Y INTERESTS. With regazd to any other mortgage, , <br /> document that created a prior security interest or encumbrance on the Property, Trustor agrees: <br /> A. To make all payments when due and to perform or comply with a11 covenants. <br /> B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br /> C. Not to allow any modification or extension of, nor to request any futwe advances under any note or agreement <br /> secured by the lien document without Beneficiary's prior written consent. <br /> 8. CLAIMS AGAINST TITLE. Trustor will pay a11 taxes, assessments, liens, encumbrances, lease payments, ground rents, <br /> utilities, and other chazges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiazy <br /> copies of all notices that such amounts are due and the receipts evidencmg Trustor's payment. Trustor will defend title to <br /> the Pro�erty against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to <br /> Beneficiary, as rec�uested by Beneficiary, any rights, claims or defenses Trustor may ha�e against parties who supply labor <br /> or matenals to mamtain or improve the Property. <br /> 9. DUE ON SALE OR ENCiJMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br /> be immediately due and payable up�n the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale <br /> 0o enantrshalll run withl�thhe Property and halleremaxlnnnleffe�ct unbll tee Secur d �D bCis p d 9n)full�and 1thisb1SecurrtY <br /> Instrument is released. <br /> 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br /> make all repairs that aze reasonably necessary. Trustor shall not commit or a11ow any waste, impazrment, or deterioration of <br /> the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustoragrees that the nature of the <br /> occupancy and use will not substantially change wnthout Beneficiary's prior written consent Trustor will not permit any <br /> change m any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify <br /> Beneficiary of a11 demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br /> Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br /> of inspecting the Property. Beneficiary sha11 give Trustor notice at the time of or before an inspection specifymg a <br /> reasonable purpose for the ms�ection. Any inspection of the Property sha11 be entirely for Beneficiary's benefit and Trustor <br /> 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 in this Security <br /> Instrument, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as <br /> attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for <br /> Trustor sha11 not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br /> exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Pro rty is <br /> discontinued or not carried on in a reasonable manner, Beneficiary may talce all steps necessary to protect Bene iciary's <br /> security interest in the Property, including completion of the construction. <br /> 12. ASSIGNMENT OF LEASES AND RENTS. Trustor inevocably grants, conveys and sells to Trustee, in trust for the <br /> benefit of Beneficiary, as additional security all the right, title and interest m and to any and all existing or future leases, <br /> subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including <br /> any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues <br /> and profits (all referred to as "Rents"). Trustor will promptly provide Beneficiary with true and conect copies of a11 <br /> existmg and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under I <br /> the terms of this Security Instrument. <br /> Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br /> entitled to notify any of Trustor's tenants to make �ayment of Rents due or to become due to Beneficiary. However, <br /> Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all <br /> future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br /> any payment of Rents in Trustor's possession and will receive any Rents in trust for Beneficiary and will not commingle the <br /> Rents wrth any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants <br /> that no default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to maintain and require <br /> any tenant to comply with the terms of the Leases and applicable law. <br /> 13. LEASEHOLDS; CONDOMINIiJMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br /> provisions of any lease if this Securit� Instrument is on a leasehold. If the Property includes a umt m a condominium or a <br /> planned unit development, Trustor wnll perform a11 of Trustor's duties under the covenants, by-laws, or regulations of the <br /> condominium or planned unit development. <br /> � <br /> (page 2 of 4) <br /> Q 1994 Bankers Syatems,Inc.,St.Cloud,MN(1-800-397-2341) Form REDT-NE 10127/97 <br /> ��-C165(Nq(9B08) <br />