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99 �C�'7761 <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 exec;uted aft�r this Deed of Trust <br /> whether or not this Deecl of Trust is specifically referred to in the evidence of debt. <br /> C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohihited hy <br /> law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between <br /> Trustor and Beneticiary. <br /> D. All additional sums advancecl and expenses incurred by Beneficiary for insuring, preserv�ng or otherwise protec:ting <br /> the Property and its value and any other sums advanced ancl expenses incurred by Beneficiary under the terms of <br /> this D�cl 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 uncler the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Deed <br /> of Trust sec;uring, guarantying, or otherwise relating to the deht. <br /> If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will secure all <br /> future advances ana future obligations described above that are given to or incurred hy any one or more Trustor, or any <br /> one ar more Trustor and others. This Deed of Trust will not secure any other deht if Beneficiary fails, with respect to such <br /> other debt, to make any r�uirecl clisclosure about this Deed of Trust or if Beneficiary fails to give any reyuired notice of <br /> the right of rescission. <br /> 5. PAYMENTS. Trustor agrees to make all payments on the Sec;urecl Debt when due and in accordance with the terms of the <br /> Evidence of Deht or this Deeci of Trust. <br /> 6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed hy this Deed of Trust <br /> and has the right to irrevocahly grant, convey and sell to Trust�, in trust, with power of sale, the Property and warrants <br /> that the Prop�rty is unencumberecl, except for encumbrances of rec;ord. <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 reyuire 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 Deed of Trust. Trustor agrees to assign to Beneficiary, as <br /> requested 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. PRIOR SECURITY INTERESTS. With regard to any other mortgage, d�ed of trust, security agreement or other lien <br /> document that created a prior security interest or encumhrance on the Propzrty and that may have priority over this Deed <br /> of Trust, Trustor agr�es: <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 modit3cation or extension of, and not to reyuest or accept any future advances under any <br /> note or agre.ement secured by, the other mortgage, de�cl of trust or security agre�ment unless Beneficiary consents <br /> in writing. <br /> 9. DUE ON SALE OR ENCLTMBRANCE. Beneficiary may, at its option, declare the entire halance of the Secured Debt to <br /> be immecliately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract ti�r any of these <br /> on the Property. However, if the Property includes Trustor's residence, this sec;tion shall be suhject to the restrictions <br /> imposecl by fecleral law (12 C.F.R. 591), as applicahle. 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 effec;t until the <br /> Securecl Debt is paid in full and this De�d of Trust is released. <br /> 10.TRANS��R OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other than a natural person (such as a <br />� corporation or other organization), Beneticiary may demand immecliate payment if(1) a heneficial interest in Trustor is <br /> sold or transfened; (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, Beneticiary may not demand <br /> payment in the above situations if it is prohibitecl by law as of the clate of this Deed of Trust. <br /> l l. ENTITY 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 Secured Debt remains outstanding: <br /> A. Trustor is an entity which is duly organized 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 husiness as now being conducted ancl, as applicable, is <br /> yualified to do so in each state in which Trustor operates. <br /> B. The execution, delivery and performance of this Deecl of Trust by Trustor and the obligation evidenced by the <br /> Evidence of Debt are within the power of Trustor, have heen duly authorized, have received all necessary <br /> governmental approval, and will not violate any provision of law, or order of court or governmental agency. <br /> C. Other than discloseci 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 franchises until the Sec;ured Debt is satisfied. <br /> 12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will k�ep the Property in good condition <br /> and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to <br /> the Property. Tru�to�will k�p the Property fre�of noxious weeds and grasses. Trustor will not initiate,join in or consent <br /> to any change im any private restrictive covenant, zoning ordinance 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 Beneficiary of all demands, proceedings, claims, and actions against Trustor or any other <br /> owner made under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply with all <br /> legal reyuirements and restrictions, whether public or private, with respec;t to the use of the Property. Trustor also agrees <br /> that the nature of the occupancy ancl use will not change without Beneficiary's prior written consent. <br /> No portion of the Property will be removed, demolished 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 become worn <br /> nane 2 of 6 <br />