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99 112�7g
<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 executed after this Dced of Trust
<br /> whether or not this Deed of Trust is specifically referred to in the evideace of dabt.
<br /> C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohibited by
<br /> law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between
<br /> Trustor anci Beneficiary.
<br /> D. All additional sums advanced and expenses incurred by Beneficiary for insuring,preserving or otherwise protecting
<br /> the Property and its value and any other sums advaaced and expenses incurred by Beneficiary under the terms of
<br /> this De�d of Trust, plus interest at the lrighest rate in effect, from time to time, as provided in the Evidence of
<br /> Debt.
<br /> E. Tnistor's performanca under the terms of any inshument evidencing a debt by Trustor to Beneficiary and any Deed
<br /> of Trust securing, guarantying, or otherwise relating to the debt.
<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 and future obligations described above that are given to or incurred by any one or more Trustor, or any
<br /> one or more Trustor and others. This Deed of Trust will not secure any other debt if Beneficiary fails,with respect to such
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<br /> other debt, to make any required diaclosure sbout tlus D�o��'rust or if B�eficiary feils to give aay required aotice of
<br /> the right of rescission.
<br /> 5. PAYMENTS. Tivsstor 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'T1TLE. Tivstor covenants that Trustor is lawfully seized of the estate conveyed by this Deed of Trust
<br /> and has the right to irrevocably gant, comey and sell to Trustee, in trust, with power of sale, the Property and warrants
<br /> that the Property is unencumbered, except for encumbrances of record.
<br /> 7. CLAIMS AGAINST T1TLE. Trustor will pay all taxes, assessments, liens, e�umbrances, lease pay�ents, ground rents,
<br /> utilities, and other charges relating to the Property whan due. Beneficiary may require Trustor to provide to Beneficiary
<br /> copies of all notices that such amounts are due and the re�eipts evidencing Trustor's pay�nt. Trustor will defend title to
<br /> the Property against any claims that would impair the lien of tlus 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, deed of trust, security agreet�ent or other lien
<br /> document that created a prior s�urity interest or 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 receives from the holder.
<br /> C. Not to make or permit any modification or extension of, aad not to request or accept any future advances under any
<br /> note or agreement secured by, the other mortgage, de�ci of trust or security agreement unless Beneficiary consents
<br /> in writing.
<br /> 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secure�Debt to
<br /> be immediately 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 subject to the reatrictions
<br /> imposed by federallaw(12 C.F.R. 591), as applicable. For the purposes of tlus section, the term "Property" also includes
<br /> any interest to all or any part of the Pmperty. This covenant shall run with the Property and shall remain in effect until the
<br /> Secured Debt is paid in full and tlus Dced of Trust is relea.ced.
<br /> 10.TRANSFER OF AN IlVTEREST 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 transferred; (2) there is a change in either the idantity or number of inembers of a part�rship; or (3) there is a
<br /> change in ownership of more than 25 percent of the voting stock of a corporarion. However, Beneficiary may not demand
<br /> payment in the above situations if it is prohibitsd by law as of the date of this Deecl of Trust.
<br /> 11.ENTiTY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as a
<br /> corporation or other organization), Tnistor makes to Beneficiary the following watrantias and representations which shall
<br /> be continuing as long as the Secured Debt remains outstanding:
<br /> A. Trustor is an entity wlrich is duly orgamzed a�i validly eusting in the Trustor's state of incorporation (or
<br /> organization). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the power
<br /> and authority to own the Property and to carry on its business as now t�j� cor�d�t�l��,�s applicable, is
<br /> qualified to do so in each state in wluch Trustor operates. . '"'
<br /> B. The execution, delivery a� performance of this Deed of Trust by Trustor and the obligation evidenced by the
<br /> Evidence of Debt are within the power of Trustor, have been 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 disclosed in writing Trustor has not changed its name within the last ten years and has not use� any
<br /> other trade or fictitious name. Wit�►out 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 francluses until the Secured Debt is satisfied.
<br /> 12.PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition
<br /> and make all repairs that are reasonably necessary. Trustor will give Beneficiary pmmpt notice of any loss or damage to
<br /> the Property. Trustor will kaep the Property fre�of noxious weeds and grasses. Trustor will not initiate,join in or consent
<br /> to any change in 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 apy other
<br /> owner made under law or regulation regarding use, ow�rslup and occupancy of the Property. Trustor will comply with all
<br /> legal require�nts 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 prior written consent.
<br /> No portion of the Property will be remove�l, demolishad or materially altered without Beneficiary's prior written consent
<br /> � except that Trustor has the right to remove items of personal ptnperty comprising a part of the Property that become wom
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