<br />
<br />200408966'.
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<br />B. All hlturc advances from Beneficiary to Trustor or other future obligations of T~ustor to Benefici~ under any
<br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor 111 favor of BeneficIary executed
<br />after this Sc,urity Instrument whether or not this Security Instrument is specifically referenced. If more than one
<br />person signs this Security Instrument,. each Trustor agrees that tbis Security Instrument will secure all future advr:nces
<br />and future obligations that are given to or incurred by anyone cr more Trustor, or anyone or more Trustor and
<br />others. All future advances and other future obligations are secured bv this Security Instrument even though all or
<br />part may not yet be advanced. All future advanceS and otheT future obligations are secured as if made on the. d~te ~f
<br />this Securitv Instrument Nothing in this Security Instrument shall constitute a conunitment to make additional or
<br />future loans' or advances in any amount Any such conunitment must be agreed to in a separate writing.
<br />C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but
<br />not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and 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 advanced a:nd expenses incurred by Beneficiary under the terms of this
<br />Security Instrument.
<br />
<br />Thi~ S.ccurity Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of
<br />rC-.<;C1SSlon.
<br />
<br />5. PA YMENTS. 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 Secunty Instrument.
<br />
<br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this
<br />Security Instrument and has tl:1e right to irrevocably grant, 00I1Vey, and sell the Property to Trustee, in trust, with power of
<br />sale. Trustor also warrants that the Property is unencumbered, except for en:::umbrances of record.
<br />
<br />7. PRlOR SECURJTY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien
<br />document thai created a prior security interest or encumbrance on tl)e Property, 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 allow any modification or extension of, nor to request any future advances under any note or agreement
<br />secured by the lien doc1Unent without Beneficiary's prior written consent.
<br />
<br />8. CLAIMS AGAINST TITLE. Trustor v,ill pay all taxes, assessments, liens, encumbrances, lease payments, ground rent~,
<br />u!.iiitics, and other charges relating 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 receip~ evidencing Trustor's payment. Trustor will defend title to
<br />the Property against any claims that would imp1ir the lien of this Security Instrument. Trustor agrees to assign to
<br />Beneficiary. as r;:guested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor
<br />or materials to maIntain or improve the Property.
<br />
<br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to
<br />be immediately due and payable upon the creation of, or contrad for the creation of, any lien, encumbrance, transfer or sale
<br />of the Prorc~rty. This right is subject to the restrictions imposed by federal law (J:2 C. f. R. 591), as applicable. This
<br />covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security
<br />Instrument is rckased.
<br />
<br />10. ?ROPERTY CONDITION. ALTERA nONS AND INSPECTION. Trustor will keep the Property in good condition and
<br />make all repairs that are reasonably necessary. Trustor shaIJ not commit or allow any waste, impairment, or deterioration of
<br />the Property, Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the
<br />occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any
<br />change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify
<br />Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property.
<br />
<br />Fkneficiary cr Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose
<br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection speci(ying a
<br />reasonable purpose for the inspection. Any inspectio.'1 of the Property shall be entirely for Beneficiary's benefit and Trustor
<br />wili in no way rely on Beneficiary's inspection.
<br />
<br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any d~ty or any of the covenants contained in this Security
<br />Instrument, Beneficiary may, \vithollt 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 shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from
<br />exercising any -:-f Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property is
<br />discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's
<br />security interest in the Pluperty, including completion of the construction.
<br />
<br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trusfee, in trust for the
<br />benefit of Beneficiary, a.<; additional security all the right, title and interest in al~d to any and all existing or future leases,
<br />subleases, and any other written or verbal agreements for the use and occupancy of any/ortion of the Property, including
<br />any extensions. renewals, modifications or substitutions of such agreements (all referre to as "Leases") and rents, issues
<br />and profits (all referred to as "Rents"). Trustor will promptly provide Beneficiary with true and correct copies of all
<br />existIng and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in detault under
<br />the terms of this Security Instn';iTleril.
<br />
<br />Trustor c.ckno\,'icdges that this ,;<;signment is perfected upon the recording of this Deed of Trust ;md that Beneficiary is
<br />entitled to noti fy any of Trustor s tenants to nmkc payment of Rents due or to become due to Beneficiary. However,
<br />BClleficilli'Y egrees that only on ddault will BenefiCIary notify Trustor and Trustor's tenants and make demand that all
<br />future Rents be paid directly to Be1eficiar~. On receiving notice of default, Trustor wiIl endorse and deliver to Beneticiary
<br />any payment of Rents in Trustor's po:;sesSlon and will receive any Rents in trust for Beneficiary and '.v.il1 not commingle the
<br />Rents with any other funds. Any amounts collected will be applied as provided in this Security I.nstrument. Trustor war. rants
<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 !.he Leases and applicable law.
<br />
<br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the
<br />provisions of any lease if this Sceurit;r: Instrument is on a leasehold. If the Property includes a unit in a condominium or a
<br />planned unit development, 'frustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the
<br />condomInIum or planned umt dev810pment.
<br />
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