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200306062 B. All future advances from Beneficiary to Troutnr or promissory note, aoramet, guaranty or other evidem after this Security Instrument who&r or not this Si person signs this SeauriL hcstrirment, each Truster as and future obligations that are given to or incurred others. All future advances and other future obligati part may not yet be advanced. All future advances u this Security Instrument Nothing in this Security It future loans or advances in any amount. Any such cm C. All obligations Truster owes to Beneficiary, which m not limited to liabilities for overdrafts relating to any D. All additional sums advanced and exp�rises Incurred the Property and its value and any other sums advanc Security Instrument. ther future obligations of Trustor to Beneficiary under any of debt executed by Tmstorin Favor of Beneficiary executed iriLyy Instrument is specifically referenced. If more than one es that this Security Instrument will secure all future advances 'any one or more Trusboq or any one or more Trustor and a are secured by this Security Instrument even though all or other future obligations ere secured as if made on the date of rument shall constitute a commitment to make additional or umunt must be agreed to in a se arate writing. later arise, to the extent not prohibited by law, including, but :posit account agreement between Trustor and Beneficiary. Beneficiary for insuring, preserving or otherwise protecting and expenses incurred by Beneficiary under the terms of tiffs This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 6. PAYMENTS. Truster agrees that all payments under the Secured Debt will be paid when due and in accordance with 0ne terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Trustor warrants that Tmsar its or will be lawfully seized of the estate conveyed by this Security Instrument and has the right No irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor alw, warrants that the Property is unencumbered, except for encumbrances of recnnl. 7. PRIOR SECURITY INTERESTS. With regard to any other am age, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on tho YRroroperty, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver no Beneficiary any notices that Truster receives from the holder. C. Not to allow any modification or extension or, nor to request ury future advances under any note or agreement secured by the, lien document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments liens, encumbrances, lease payments, ground rents, er utilities, and oth charges relating to the Property when due. Beneficiary may require Traitor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Trastoes payment Truster will defend tide to the Property against an claims that would impair the lien of this Security Instrument. Truster agrees to assign to Benoficinry, as requested by Beneficiary, any rights, claims or defenses Truster may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable a un the creation of, or contract for the creation of, any lien encumbrance, transfer or sale of the Pmicony. This right is subject to the restrictions imposed by federal law (12 CY..R. 591), as applicable. This covenant mall run with the Property and shall remain in effect until the Secured Debt is paid in full an d this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in grind condition and make all repairs that are reasonably necessary. Truster shall not commit or allow any waste, impairment, or deterioration of the Property. Tnasmr will keep the Property free of noxious weeds and grasses. Tramor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior wntten consent. Truster will not permit any change in any license, restrictive covenant or easement without Rene miary 's prior written consent. Truster will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. Beneficiary or Beneficiary s agents may, at Beneficiary's optma reasonable i enter the Property at any reasoble time for the purpose of inspecting the Property. Beneficiary shall give Truster notice at the time of or before an inspection speciffyying a reascmable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and'hrushx will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. if Trustor fails to perform any duty or any of the covenants contained in this Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. Truistic appoints Beneficiary as attorney in fact to sign Trustor s name or pay any amount necessary for performance. Beneficiary's right to perform for Truster shall not create an obligation he perform, and Beneficiar�s failure to perform will not preclude Beneciary from exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Pap nary is discontinued or not carried on in 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. Truster irrevocably grants, coneys and sells to Trustee, in trust for the benefit of Beneficiary, as additional security all the right, title an d interest in any to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and ouuupace of any portion of the Property, including any extensions, renewals, medificatinns or substitutions of such agreements (all referred to as "Leases ") and rents, issues and profits (all refered to as "Rents "l. Truster will promptly provide Beneficiary with true and correct cu ries of all existing and future Leases. Trainor may collect, receive, enjoy and use the, Rents so long as Truster is not in de�ault under the terms of this Security instrument Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled to notify say of Trustot's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Truster and Trounces tenants and make demand that all future Brute be paid directly he Beneficiary. On receiving notice of default, Truster will endorse and deliver to Beneficiary any Its of Rents i,, T ustoe s possession and will receive any Rents in trustfor Beneficiary and will not commingle the Rents with any other funds. Any amounts collected will be applied m provided in this Security Instrument Trustor warrants that no default exists under the Leases or may applicable landlord/tenant law. Transfer also agrees to maintain and require any tenant to comply with the tens of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the prnvcsums of say lease it this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Trustor will perfon all of Truaktds duties under the covenants, by -laws, or regulations of the condominium or planned unit development pie 2 0( 1) p lava nn-.p,f srRees n.. , _1I ud.4N n- 000a9 7 2Jnr r n a DT NE 10/ 7 N 7 M 0165(NF)lane > ".;