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200300014 <br />B. All future advances from Betheficiarl to Toaster or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed <br />after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one <br />person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances <br />and future obligations that are given to or incurred by any one or more Trustor, or any one or more 'Trustor and <br />others. All future advances and other future obligations are secured by this Security Instrument even though all or <br />part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of <br />this Security Instrument. Nothing in this Security bounment shall constitute a commitment to make additional or <br />future loans or advances in any amount Any such commitment most be agreed to in a separate writing. <br />C. AII' 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 an d osit account agreement between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by�eneficiary for insuring, preserving or otherwise protecting <br />the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br />Security Instrument. <br />This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />rescission. <br />5. PAYMENTS. 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 Security Instrument. <br />fi. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a prior security interest or encumbrance on the 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 roicives from the holder. <br />C. Not to allow any modification or extension of, nor to request any future, advances under any Hatt or agreement <br />secured by the lien document without Beneficiary's prior written consent. <br />8. 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 require Trustor to provide to Beneficiary <br />copies of all notices that such amounts arc 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 Security Instrument Trustor agrees to assign to <br />Beneficiary, as requested 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 />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 uppon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale <br />of the Property. This right is so jest to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />ervenant shall rani with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Trustor shall 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 an <br />change in any license, restrictive covenant or easement without Beneficiarys prior written consent Trustor will ratify <br />Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary as <br />'s option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Tractor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor <br />will in no way rely on Beneficiary's inspection. <br />11. AUI'HORI'I'Y TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without 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 per ormance. Beneficiary's right to perform for <br />'l'rustor shall not create an obligation to perforrn, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of 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 Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, <br />subleases, and any other Written or verbal agreements for the use and occupancy of any portion of the Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all referred 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 />ust <br />existing and future Leases. Trustor my collect, receive, enjoy and use the Rents so long as Trustor is not in default under <br />the terms of this Security Instrument. <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of 'Trust and that Beneficiary is <br />entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all <br />future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Trustor's possession and will receive any Rents in must for Beneficiary and will not commingle the <br />Rents with an other funds. Any amounts collected will be applied as provided in this Security Instrument. Tmstor warrants <br />that no default exists under the Leases or my applicable landlord/tenant law. Trustor also agrees to maintain and require <br />any tenant to comply with the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrument is on a leasehold If the Properly includes a unit in a con ormnium or a <br />planned unit development, Trustor will perform all of Trustor's duties under the covenants, by -laws, or regulations of the <br />condominium or planned udt development. <br />r�V— (oTa 7 of d) <br />1994 Bonkeis 9y;iams. ln¢. 51. Clnup MN (I- tl00S91 -2d 41) Form riEePNE 1021N) <br />®® C t 65( NE) (1808)o2 <br />