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200301754 <br />B. All future advances from Beneficiary to 'fmstor or other future obligations of Tmstor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Tmstor in favor of Beneficiary after this <br />Security lnstrunent whether or not this Security Instrument is specifically referenecd. If more than one person signs <br />this Security Instrument, each Truster agrees that this Security Instrument will secure all future advances and future <br />obligations that are given to or incurred by any one or More 'Irustor, or any one or more Truster and others. All <br />future advances and other future obligations are secured by this Security Instrument even though all or pail may not <br />yet be advanced. All future advances and other future obligations arc secured as if node on the date of this Security <br />Instrument. Nothing in This Security instrument shall constitute a commitment to make additional or future loans or <br />advances in any amount. Any such commitment must be agreed m in a separate writing. <br />C. All obligations 'frustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, <br />but not limited to, liabilities for overdrafts relating to any deposit account agreement between Tmstor and <br />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 scats advanced and expenses incurred by Beneficiary under the leans of this <br />Security hlstrunlent. <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. Tmstor agrees that all payments under The Secured Debt will be paid when due and in accordance with the <br />terns of the Secured Debt and this Security Instruncnt. <br />6. WARRANTY OF TITLE. Tmstor warrants that Toaster is or will be lawfully sexed of the estate conveyed by this <br />Security Instrument and has the right to irrevocably gran[, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Tmstor also warrants that the Property is unencumbered, except for eneunbrances of record. <br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or ether lien <br />document that crusted a prior security interest or encumbrance on the Property, Tmstor agrees: <br />A. To make all payments when due and In perfuml or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Tmstor receives from the holder. <br />C. Not to allow any modification or extension at, nor in request any future advances under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent. <br />S. CLAIMS AGAINST TITLE. Tmstor 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 Truster to provide to Beneficiary <br />copies of all notices that such amounts are due and tic receipts evidencing Trustoi s payment. 'fmstor will defend title to <br />the Property against any claims Brat would impair the lien of this Security Instrument. Truster agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defemses Truster nnay 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 umnWiatcly due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or <br />sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.P.R. 591), as applicable. This <br />covens shall run with the Prepoay 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. Tmstor will keep the Property in grand condition <br />and make all repairs that are reasonably necessary. 'ltusmr shall not commit or allow any WHAU, impairment, or <br />detetiomtion of the Property. 'frustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the <br />nature of the occupancy and use will not Suhstantially change without Beneficiary's prior written consent. Truster will not <br />permit any change in any license, restrictive covenant or easement without Beneficiary's prior written conent. Tmstor will <br />Utility Beneficiary of all demands, proceedings, claims, and actions against Truster, and of any loss or damage to the <br />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. Beneficiary shall give fmstor notice at the tine 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 <br />'frustor will in no way rely on Beneficiary's inspection. <br />1t. AUTHORITY TO PERFORM. If'1'rsmr 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. foster appoints Beneficiary as <br />attorney in fact in sign Trustor's fume or pay any amount necessary for performance. Beneficiary's right to perform for <br />T..Mer shall not eteate an obligation to perform, and Beneficiary's failure to Perform will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under tine law tar this Security Instrument. If any construction on the Property <br />is discontinued ar 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. Tmstor irrevocably assigns, grants and conveys, to '1'rstee, in trust for The <br />benefit of Beneficiary as additional security all the right, title and interest in the following (at[ referred in as Property): <br />existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and <br />occupancy of the Property, including any extensions, renewals, modifications or replacements (all referred to as Leases); <br />and teats, issues and profits (all referred to as Rents). In the event any item listed as Leases Or Rents is deccrnined to be <br />personal property, this Assignment will also be regarded as a security agreement. Truster will promptly provide <br />Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be <br />provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will <br />be provided immediately alter they are executed. Truster may collect, receive, enjoy and use the Rents So long as 'trustor <br />is not in defauh. <br />Upon default, Truster will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other <br />funds. Tmstor agrees that this Security, lnstmment is immediaely effective between Tmstor and Beneficiary and effective <br />as to third parties on the recording of this Assignment. As long as this Assignment is in effect, 'frustor warrants and <br />represents that no default exists under the Leases, and the panics subject to the Leases have not violated any applicable law <br />on leases, lieerees and landlords and tenants. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Tmstor agrees m 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 />planned unit development, Truster will perfurl all of Truster's duties under the covem'Itrts, by -laws, or regulations of the <br />mmqdmininiann or planned unit development <br />�ti� 0188E Baukeic Synlnmv,Lw_. 31 ClouE, MN Form HC -0TAC 1/308002 �I( <br />