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�0030066� B. All future advances from Beneficiary w Trustor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt executed by 'truster in favor of Beneficiary after this Security Insnufacm whether or not this Security Instrument is specifically referenced if more than one person signs this Security instrument, each Trustor agrees that this Security lastrament will secure ail future advances and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and others. All future advances and ocher future obligations are secured by this Security inslrunn:at even [hough all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security instrmmer. Nothing in this Security instrument shall constitute a cemmionnaL to stake additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Tmsmr owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, hot not limited m, liabilities for overdrafts relating to any deposit account agreement between 'Truswr and Beneficiary D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Property and its value and any other stairs advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. This Security Instrument will not secure any other debt if beneficiary falls to give any required notice of the right of rescission. 5. PAYMENTS. 'I rusmr agrees that all payments under the Secured Debt will be paid when due and in accordance with file terms of the Secured Debt and Ibis Security Instrument. 6. WARRANTY OF TPPLE. Trustor warrants that Tmstot is or will be lawfully seized of the estate conveyed by Phis Security Instrument and bas the right to irrevocably gram, convey, and sell the Properly to'fruslee, in trust, with power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Trustor agrees'. A. To make all payments when due and to perform of comply with all envcuads. B. To promptly deliver w Beneficiary any notices that Trustor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any Irate or agreement secured by the lien document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay dl taxes, assessments, liens, encumbrances, lease paymems, ground Term, utilities, and other charges relating to the Property when due. Beneficiary may require Tmsmr to provide to Beneficiary copies of all hitters that such amounts are due and the receipts evidencing Tmstoi s payment. 'frustor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign ur Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor nary have against parties who supply labor or materials to maintain or improve the Property 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, a its option, declare the entire balmce of the Secured Debt w be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of [he Property. This right is subject to the restrictions imposed by federal law (12 C.N.B. 591), as applicable. This covenant shall run with lire Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AN- ]NSPECTIGN. Trustor will keep the Property, in good condition and make all repairs that are reasonably necessary. Truswr shall not anmra or allow any waste, hupaim er, or dcten.latua, of the Property. Trustor will keep the Property free of mxhas weeds and grasses. Truster agrees that the nature of the occupancy and use will not substantially Chang. without Beneficiary's prior written Consent. 'Tmsmr will not permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, calms, and actions against Tmsmr, and of any loss or damage m the Property. Beneficiary or Beneficiary 's agents may, at Beneficiary's option, enter the Property of any reasonable Cane Car the purpose of inspecting the Property- Beneficiary shall give Truswr notice a[ the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will in Dm way rely on Beneficiary's inspection. if. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security lnstrumern, Beneficiary may, without notice, perform or cause them to be perforated Truswr appoints Beneficiary as attorney in fact To sign Trustor's Came or pay any amount necessary for performance. Beneficiary 's right TO petform for 'Poster stall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary Crum exercising any of Beneficiary's other rights under the law or this Security Instrament, if any constriction on the Property is discontinued or not carried on a a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, giants and conveys, to Trustee, in trust for the bandit of Beneficiary as additional security all the right, tide and interest in the following (all referred to as Property): existing or future leases, subleases, licenses, guaranties and any other written or verbal agr.cments for the use and occupancy of the Property, including any extensions, renewals, modifications or replacements fall referred to as Leases); and rents, issues and profit (all referred to as Rents). In the event any item listed as Leases or Rents is determiacd to be personal properly, this Assignment will also be regarded as a security agreement. 'Trustor will promptly provide Beneficiary with copies of the Leasus and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any nOrer information with respect to these Leases will be provided 'immediately after they are executed. 'Truswr may collect, receive, enjoy and use the Rents so long as Trustor is not in default. Upon default, 'frustor will receive any Rents in trust for Beneficiary and will net commingle the Rents with any other funds- Truswr agrees that this Security Instrument is immcdimry effective between Truswr and Beneficiary and effective as to third parties on the recording of this Assignment. As Jong as Los Assignment is in effect, Trustor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. 13. LEASEHOLDS; CONDOMESTUMS; PLANNED UNIT DEVELOPMENTS. "frustor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a amdomirmar or a planned mffi development, Trustur will perform all of Truster's duties under the eroverau[s, by -laws, or regulations of the condominium or planned unit development rGa9r ['�.� Pv19966aMOn Sy.u„ rc. 5[ Clnd MN F aF DT -NE J/l 10 ��f. L