99-1os9��
<br /> B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any
<br /> promissory note, contract, guaranty, or other evidence of debt existing now or executecl after this Deed of Trust
<br /> whether or not this Deed of Trust is specifically referred to in the evidence of deht.
<br /> C. All ob(igations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohihited hy
<br /> law, including, but not limitecl to, liabilities for overdrafts relating to any deposit account agreement between
<br /> Trustor and Beneficiary.
<br /> D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise prote�:ting
<br /> the Property and its va(ue and any other sums advancecl and expenses incurrecl by Beneficiary under the terms of
<br /> this D�d of Trust, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of
<br /> Debt.
<br /> E. Trustor's performance under the terms of any instrument evidencing a�lebt by Trustor to Beneficiary and any Deed
<br /> of Trust sec:uring, guarantying, or otherwise relating to the debt.
<br /> If more than one person signs this Deecl of Trust as Trustor, each Trustor agrees that this Deecl of Trust will secure all
<br /> future advances and future obligations described ahove that are given to or incurred by any one or more Trustor, or any
<br /> one or more Trustor and others. This Deecl of Trust will not sec;ure any other debt if Beneficiary fails, with respect to such
<br /> other debt, to make any rec{uired disclosure about this Deed of Trust or if Beneficiary fails to give any reyuirecl notice of
<br /> the right of rescission.
<br /> 5. PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the
<br /> Evidence of Debt or this Deed of Trust.
<br /> 6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveye� by this Deecl of Trust
<br /> and has the right to irrevocably grant, convey and s�ll to Trustee, in trust, with power of sale, the Property and warrants
<br /> that the Property is unencumbere�l, except for encumbrances of record.
<br /> 7. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents,
<br /> utilities, and other charges relating to the Property when due. Beneficiary may rec{uire Trustor to provide to Beneficiary
<br /> copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to
<br /> the Property against any claims that would impair the lien of this Deecl of Trust. Trustor agrees to assign to Beneficiary, as
<br /> reyuested by 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. PR10R SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
<br /> document that created a prior sec;urity interest ar encumbrance on the Property and that may have priority over this Deed
<br /> 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 rec;eives from the holder.
<br /> C. Not to make or permit any modification or extension of, and not to reyuest or accept any future advances under any
<br /> note or agr�ement secured by, the other mortgage, cl�d of trust or security agreement unless Beneficiary consents
<br /> in writing.
<br /> 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, dec;lare the entire balance of the Sec;urecl Debt to
<br /> he immecliately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these
<br /> on the Property. However, if the Property includes Trustor's residence, this section shall be suhject to the restrictions
<br /> imposed by federal law(12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes
<br /> any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the
<br /> Sec;ured Debt is paid in full and this Deecl of Trust is releasecl.
<br /> 10.TRANSI�'ER OF AN INTEREST IN TI-� GRANTOR. If Trustor is an entity other than a natural person (such as a
<br /> corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Trustor is
<br /> sold or transferrecl; (2) there is a change in either the identity or number of inembers of a partnership; or (3) there is a
<br /> change in ownership of more than 25 percent of the voting stock of a corporation. However, Beneficiary may not demand
<br /> payment in the above situations if it is prohibited by law as of the date of this D�ci of Trust.
<br /> 11. EN'CITY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as a
<br /> corporation or other organization), Trustor makes to Beneficiary the following warranties and representations which shall
<br /> be continuing as long as the Sec;ured Debt remains outstanding:
<br /> A. Trustor is an entity which is duly organizecl and validly existing in the Trustor's state of incorporation (or
<br /> organization). Trustor is in good standing in all states in which Trustor transacts husiness. Trustor has the power
<br /> and authority to own the Property and to carry on its business as now heing conductecl and, as applicable, is
<br /> yualitied to do so in each state in which Trustor operates.
<br /> B. The exec;ution, delivery and performance of this Dee�l of Trust by Trustor and the obligation evidenceci by the
<br /> Evidence of Debt are within the power of Trustor, have been duly authorizecl, have received all nec;essary
<br /> governmental approval, and will not violate any provision of law, ar order of court or governmental agency.
<br /> C. Other than disclosecl in writing Trustor has not changed its name within the last ten years and has not used any
<br /> other trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any
<br /> other name and will preserve its existing name, trade names and franehises until the Sec;ured Debt is satisfiecl.
<br /> 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition
<br /> and make all repairs that are reasonably nec;essary. Trustor will give Beneficiary prompt notice of any loss or damage to
<br /> the Property. Trustor v�ill l�p Xhe Property free of noxious weeds and grasses. Trustor will not initiate,join in or consent
<br /> to any change in any private restrictive covenant, zoning ardinance or other public or private restriction limiting or
<br /> defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written
<br /> consent. Trustor will notify Beneticiary of all demands, proceedings, claims, and actions against Trustor or any other
<br /> owner made under law or regulation rzgarding use, ownership and occupancy of the Property. Trustor will comply with all
<br /> legal reyuirements and restrictions, whether public or private, with respect to the use of the Property. Trustor also agrees
<br /> that the nature of the occupancy and use will not change without Beneficiary's priar written consent.
<br /> No portion of the Property will be removecl, d�molished or materially altered without Beneficiary's prior written consent
<br /> except that Trustor has the right to remove items of personal property comprising a part of the Property that bec;ome worn
<br /> , pape 2 of 6
<br /> , «�1993 Benkers Syatems,Inc.,St.Cloud,MN(1-800-397-2341) Form AG/C0•DT-NE 10/30/97 �
<br />
|