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20030040, <br />B. All future advances from Beneficiary to Truster or other future obligations of Truster to Beneficiary all 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 Iermina rt, 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 Truster, 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 />Us Security Instrument. Nothing in this Security instrument shall constitute a commitment to make additional or <br />future mans or advances in any 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 <br />not limited to, liabilities for overdrafts relating to an de osit w:cuunt agreement between Truster 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 and expenses incurred by Bernefrciary 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. Truster 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 />6. WARRANTY OF TITLE. Truster warrants that 'truster 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 eneurnbrances 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 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 Gen document without Beneficiary's prior written cement. <br />S. 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 are 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 />Beneficiaarryy, as requested by Beneficiary, any rights, claims or defenses truster 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 upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale <br />of the Propperty. This right is subject to the restrictions imposed by federal law (12 C.F.A. 591), as applicable. This <br />covenant ahall rim 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 any <br />change in any hearse, restrictive covenant or easement without Beneficiary's prior written coral Truster will notify <br />Beneficiary of all demands, proceedings, claims, and actions against Trustoq and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Bvrefieimy shall give Trustor 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 />I1. 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 <br />attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform fur <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights maker 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 agrcerrients (all refer to as "Leases") mid 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, smog and use the Rents at) 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 Tmstor'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 Truster 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 trust for Beneficiary and will not commingle the <br />Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Truster warrants <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 the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMUsRJMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a <br />phomed unit development, 'Trustor will perform all of Trustor' a duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />(Ps90 2�os 4) <br />Q 1994 9mXnis Systems. Inc.. SL Cloud MN (I -0OOa91 1341) reins CE eI -NE 102r N] <br />40.9 C165(NEl (eeae) oa <br />