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��-► . --� <br /> �� i12280 <br /> B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Be�eficiary under any <br /> promissory note, contract, guaranty, or other evidence of debt ezisting now or executsd aftar t}us Deed of Trust <br /> whether or not this Deed of Trust is specifically referred to in the evidence of debt. <br /> C. All obligations Trnstor owes to Beneficiary, which now exist or may later arise, to the eatent not prohibited by <br /> law, including, but not limited to, liabilities for overdraRs relating to any deposit account agreement between <br /> Trustor and Beneficiary. <br /> D. All sdditional sums advance�a�d expenses incurred by Beneficiary for insuring,preserving or othervvise protecting <br /> the Property a�d its value and any okher sums advanced and expenses incurred by Bene'ficiary under the terms of <br /> this Deed of Trust, plas interest at the highest rate in effect, from time to time, as pmvided in the Evidence of <br /> Debt. <br /> E. Trustor's performance uader the terms of any instrument 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 o�person signs tlus Deed of Trust as Trustor, each Ttustor agrees that this Deed of Trust will secure all <br /> future advances and future obligations described above that are given to or incuned by any one or more Tnistor, 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 <br /> other debt, to_make any req.�.,ired disclosure about this Deed of Trust or if Beneficiary fails to give any required notice of <br /> the right of rescission. <br /> 5. PAYMEIVTS. 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 T1TLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed by this Deed of Trust <br /> and has the right to irrevocably grant, convey and sell to Trustce, ia trust, with power of sale, the Property and warrants <br /> that the Property is unencumbered, 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 relatiag to the Property when due. Beneficiary may require 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 Praperty against any claims that would impair the lien of this De�of TnLCt. Trustor agrees to assign to Beneficiary, as <br /> requested by BeneSciary, 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 SECIJRITY IlVTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br /> docu�nt that created a prior security interest or encumbrance on the Property and that may have priority over this Deed <br /> of Tivst, Trustor agrees: : <br /> 'A. To make aU payments when due and to perform or comply with all covenants. <br /> B. To promptly deliver to Be�ficiary any�rices that Trustor receives from the holder. <br /> C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any <br /> note or agree�ent secure�by, the other mortgage, de�d 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 Sacured 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, tlus section shall be subject to the restrictions <br /> imposed by federal law(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 Property. This covenant shall run with the Property and shall remain in effect until the <br /> Secured Debt is paid in full and ttus Deed of Trust is released. : <br /> 10.TRANSFER OF AN �NTEREST lN THE GRANTOR. If Trustor is an entity other than a natural parson (such as a : <br /> corporation or other organi7ation), Beneficiary may demand immediate payment if(1) a beneficial interest in Trustor is <br /> sold or transferred; (2) thare is a change in either tlie identity or number of inembers of a partnership; or (3) there is a <br /> change in o�rship of more than 25 percent of the voting stock of a corporation. However, Be�ficiary may not demand <br /> payment in the above situations if it is prohibited by law as of the date of this Deed 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 organi7ation), Trustor makes to Berneficiary the following warranties and representations which shall : <br /> be continuing as long as the Sacured Debt remains outstanding: <br /> A. Trustor is an entity w}uch is duly organized and validly existing in the Trustor's state of incorporation (or <br /> organization). Trustor is in good sta�rling in all states in which Trustor transacts business. Trustor has the power : <br /> and authority to own the Property a� to carry on its business as now being conducted and, as applicable, is : <br /> qualified to do so in each state in which Trustor operates. � <br /> B. The execution, delivery a�d performance of tlus 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 necassaiy : <br /> governmental approval, and will aot 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 used any : <br /> other trade or fictitious name. Without Beneficiary's prior writte� consent, Trustor does not and will not use any <br /> other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. : <br /> 12.PROP�RTY CONDiTION, ALTERATIONS AND INSPECTION. Trustor will kcep the Property in good condition : <br /> and make all repairs that are rea.vonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to : <br /> the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will not initiate,join in or consent <br /> to any��Cl�nge�in�'�a��pr'j�� restrictive covenant, wning ordinance or other public or private restriction limiting or <br /> defining the uses which may be made of the Prc�erty or any part of the,Property, without Beneficiary's prior written : <br />' consent. Trustor will notify Be�ficiary of all demands, proceedings, claims, and actions against Trustor or apy other : <br /> owner made under law or regulation regarding use, ownerslup and occupancy of khe Property. Trustor will comply with all : <br /> legal requirements and restrictions, whether public or private, with respect to the use of the Property. Trustor also agt�aes <br /> tliat the nature of the occupancy and use will not change without Beneficiary's prior written consent. : <br /> No portion of the Property will be removed, demolished or materially altered without Be�eficiary's prior written consent <br /> except that Trustor has the right to remove items of personal property comprising a part of the Property that beco�wom <br /> . ' <br />;i _ v.�e 2 or s � <br />