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200300401 Application # 0121485411 <br />B. All future advances from Beneficiary to Trustor or other future obligations of Tmstor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed after <br />this Security hutmment whetter or not this Security Instrument is specifically referenced. It' more than one person signs <br />this Security Instrument, each Tmstor agrees that this Security Instrument will secure all future advances and future <br />obligations that are given m or incurred by any one or more Truster, or any one or more Truster and others. All future <br />advances and other future obligations are secured by this Security Inswment even though all or part may not yet be <br />advanced. All future advances and other future obligations are secured as if made on die date of this Security Instrument. <br />Nothing in this Security Instrument shall cwlstinue a commitment to make additional or future lows o[ advances in any <br />amount. Any such commitment 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 not <br />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 die <br />Property and its value and any other suns advanced and expenses incurred by Beneficiary under the terns 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 />S. PAYMENTS Trustor agrees that all payments wider me Secured Debt will be paid when due and in accordance with the <br />terms of the Secured Debt and this Security Instrument. <br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Security <br />Instrument laid has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor <br />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 first, 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 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 secured <br />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 copies <br />of all notices that such amounts are due and the receipts evidencing Trustoi s payment. Trustor will defend title to the Property <br />against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, as requested <br />by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to maintain or <br />improve the Property. <br />9. DUE ON SALE, OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be <br />immediately due and payable upon the creation of, or contract for the creation of, anyy lino, encumbrance, Transfer or sale of die <br />Property. This right is subject to the restrictions imposed by federal law (12 C.F.R.591), as applicable. This covenant shall inn <br />with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep thc Property in deterioration condition and good <br />hake all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, hnpaitmen[, or deterioration of the <br />Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees Tat the nature of the Occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any change in any <br />license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor Will notify Beneficiary of all <br />demands, ptnecedings, claims, and actions against Trustor, and of any loss or damage to die Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of <br />inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a reasonable <br />purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way <br />rely on Beneficiary's inspection. <br />Il. AUTHORITY 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 attorney <br />in fact to sign Truslor's name or pay any amount necessary for performance. Beneficiary's right to perform for Trustor shall <br />not create an Obligation in perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under the law or this Security Instrument. If any commlctiun on the Property is discontinued or not <br />carried on in a reasonable manner, Beneficiary nay take all steps necessary to protect Beneficiary's security, interest in the <br />Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in cost for the benefit <br />of Beneficiary, as additional security all the right, title and interest m and to any and all existing or future leases, subleases, and <br />any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, <br />renewals, modifications or substitution of such agreements (all referred to as "Leases ") and Term, issues and profits (all <br />referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct copies of at existing and mature <br />Leases. Trustor may collect, receive, enjoy and use the Rents sit long as Traitor is not in default under the terms of this <br />Security Instrument. <br />Tmstor acknowledges that this assignment is perfected upon the recording of this Deed of'I'rust xnd that Beneficiary is entitled <br />to T ati[y any of Tmstor's tenants to hake payment of Rents due or to become due to Beneficiary. However Beneficiary agrees <br />that only on default will Beneficiary notify Tmstor and Trustor's tenants and make demand that all future Rents be paid <br />directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary any payment of Rents in <br />Tmstor's possession and will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other <br />funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants tat no default exists <br />under the Leases or any applicable IandlordRenant law. Trustor also agrees in maintain and require any tenant to comply with <br />the terns of the leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Toaster agrees to comply with the <br />provision of any lease if This Security Instrument is on a leasehold. If me Property includes a oath in a condonwilum or a <br />planned unit development, Trustor will perform all of Tolson's duties under the covenants, by -laws, or regulations Of the <br />condominium or planned unit development. <br />O 199<Benkars SyTBms Im. al. CIwO. MN Q.00 0.a9] -29411 FOB11 flC -0TNE 10YS ]IB] <br />C (P7� <br />M ®C165(NE) (Bead <br />