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200304203 <br />B. All future advances us <br />from Beneficiary to Truster 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 Truster 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 instrument shall constitute a commitment to make additional or <br />future loans or advances in any meant. Any such commitment most 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 eat account agreement between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by kienefrciary 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. Truster 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. 1'o prompfy deliver to Beneficiary any notices that Truster 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 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 Truster to provide to Beneficiary <br />topics of all notices that such amounts are due and the receipts evidencing 'frust&.st payment. Trustor will defend title to <br />the Property against any claims that would impair the lien of this Security instrument Truster agrees to to <br />Beneficiary, 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 uppon the creation of, or contract for the creation of, an lien, encumbrance, transfer or sale <br />of the Property. This right is Subjc,t to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />covenant shall run 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. PROPERLY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br />make all repairs that arc 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. Truster agrees that the nature of the <br />occupancy and use will not substantially change without Beneficiary s rior written consent. Truster will not permit any <br />chan ge in any license, restrictive covenant or easement without Beneficiary's prior written consent. Truster will notify <br />Beneficiary of all demands, proceedings, claims, and actions against Truster, 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. Beneficiary shall give Truster notice at the time Of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Properly shall be entirely for Beneficiary's benefit and Truster <br />will in no way rely on Beneficiary's inspection. <br />It. AUTHORITY '1'0 PERFORM. If Truster 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. Truster appoints Beneficiary as <br />attorney in fact to sign Trustor's time or pay any amount necessary for performance. Beneficiary's right to perform for <br />Trustor shall not create an obligation tu perform, 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 Pro erty is <br />discontinued or not curried on in a reasonable manner, Beneficiary may take all steps necessary to protect Benefacimy's <br />security interest in the Property, including completion of die construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Truster 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 co pies of all <br />existing and future Leases. Trustor may 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. IIowever, <br />Beneficiary agrees that only on default will Beneficiary notify Trustor and Trusters 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 />arty payment of Rents in Trustor's POSscssron and will receive any Rents in trust for Beneficiay and will not commingle the <br />Rents with an other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants <br />that no default exists under the Leases or any applicable landlord/tena t law. Trustor also agrees to maintain and require <br />any tenant to comply with the terms of the Teases 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 Propp ini <br />erty includes a unit in a condomum or a <br />plumed unit development, Trustor will perform all of Truster's duties under doe covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />(Fog o �2 of d) <br />Q 1994 Puhon sy,' —Ina, 51 clod. MN(1- 800 -)9) -2941) From RE Di NE 10 V Q7 % - <br />®C <br />16 51N E1 (9808) 02 <br />