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RE- RECORDED 200303202 <br />200305355[ <br />B. All future advances from Beneficiary to Truster or other future obligations of'Imstor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt existing mlw or exeand afrer this Deed of 1'nnst <br />whether or not thus Deed of Trust is specifically referred to N the evidence of debt. <br />C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohibited by law, <br />including, but not limited to, liabilities fox overdrafts relating to any deposit to agreement between Truster <br />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 Beneficiary untie[ the terms of <br />this Dead of Trust, plus interest at the highest rate in effect from time to time, as provided in the Evidence of <br />Debt. <br />F. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Dee <br />of Trust securing; guarantying, or otherwise relating to the debt. <br />If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of'1'mst will secure all <br />future advances and future obligations described above that are given to or incurred by any one or more Trustor, or any <br />one or more Trustor and others. This Deed of Trust will not secure any other debt if Beneficiary fails, with respect to such <br />other debt, to make any required disclosure about this Deed of Trust or if Beneficiary fails to give any required notice of <br />the right of rescission. <br />5. PAYMEN'PS. Trustor agrees to [Hake all payments on the Secured Debt when due and in ::ccordance with the arms of the <br />Evidence of Debt or this Deed of Trust. <br />6, and has the WARRANTY ht to irrevocably evocably grartt oconnvcys and sell tooTrustee,f in trust, with power of sale, Property and warrants <br />that the Property is unencumbered, except for encumbrances or record. <br />9. CLAIMS AGAINST 'TITLE. Tmstor will pay all taxes, assessments, liens, encumbrances, lease payments, bnomnd rents, <br />in lities, 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 Decd of Trust. T}uelor agrees to assign to Beneficing <br />as requested by Beneficiary, any rights, claims or defenses which Trustor may have against parties who supply labor or <br />materials to improve or maintain the Property. <br />8. PRIOR t crea INTERESTS. gdc e tn <br />nt hat creat da p for se uity mtere torenumbr ce n the Property and that may have priority this Deed <br />of Trust, 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 make or permit any modification or extension of, and not to request or accept any future advances under any <br />note or agreement secured by, the other mortgage, deed of trust or security agreement unless Beneficiary consents in <br />writing. <br />9. DUE ON SALE. OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of thc.Secnred Debt to <br />be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these <br />on the Property. However, if the Property includes Trustor's residence this satin shall be subject to the restrictions <br />imposed by federal law (12 C.F.R. 591), as applicable For the purposes of this section, the term "Property " also includes <br />any interest to all or any part of the Property . This covnant shall rum with the Property and shot] remain in effect until the <br />Secured Debt is paid 4F full and this Deed of Trust is released. <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other than a natural person (such as a <br />corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Trustor is <br />sold or transferred; (2) there is a change in either the identity or number of members of a partnership; or (3) there is a <br />change in ownership of more than 25 percent of the voting stock of a corporation. However, Beneficiary may not demand <br />payment in the above situations if it is prohibited by law as of the date of this Decd of Trust. <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. If 'Trustor is an entity other than a natural person (such as a <br />corporation or other orgard ration), Trustor makes to Beneficiary the following warranties said representations which shall <br />be continuing as long as the Seemed Debt remains outstanding: <br />A. Trustor is an entity which is duly organized and validly existing in the Trustor's state of incorporation (or <br />organization). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the power <br />and authority to own the Property and to carry on its business as now being conducted and, as applicable, is <br />qualified to do so in each state in which Trustor operates. <br />B. 'Hoe execution, delivery and performance of this Deed of Trust by Tmstor and the obligation evidenced by the <br />Evidence of Debt are within the power of Trustor, have been duly authorized, have received all necessary <br />governmental approval, sand will not violate any provision ref law, or order of court or governmental agency. <br />C. Other than disclosed in writing'l'mshor has not changed its name within the last to years and has not used any other <br />trade or fictitious name. Without Beneficiary's prior written consnt Trustor tiers sot and will not use any other <br />name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. <br />12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to <br />the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will not initiate, join in or <br />consent to any icti <br />change in any private restrictive covenant, zoning ordinance or other public or private restton limiting or <br />defining the uses which may be made of the Property or any put of the Property, without Beneficiary's poor written <br />consent. Trustor will notify Beneficiary of all demands, proceedings, Claims, and actions against Trustor or any other <br />owner made under law or regulation regarding use, ownership and occupancy of the Property. Trusor will umply with <br />all legal requirements and restrictions, whether public or private, with respect to the use of the Property. '1'rnstor also <br />agrees that the nature of the occupancy and use will not change without Beneficiary's prior written consent. <br />No portion sPht demolished materially is rt <br />that become <br />except that Truterhas the right o remove hems of personal nal propery comptms a part the Property <br />l �l aq sKeote <br />F�' 199] BenXev 6yslems. Inc. 6/ elouJ. MN Po,m A6IfiOciNE 9/0/4001 <br />%� —� ".� •�1L qiJ <br />Q "6164(NE) (o1F1)02 <br />