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200201017 <br />B. All future advances from Beneficiary to Truster or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of 'Trust <br />whether or not this Deed of Trost is specifically referred to in the evidence of debt. <br />C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent Out prohibited by <br />law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between <br />Trustor 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 under the terms of <br />this Deed of Trust, plus interest at the highest rate in effeu, from fine to tune, as provided in the Evidence of <br />Debt. <br />E. Trustor's performance under the terms of any instrument evidencing a debt by Truster to Beneficiary and any Deed <br />of Trust securing, guarantying, or otherwise relating to the dcht. <br />If more than one person signs this Deed of 'Trust as Tmstor, each Trustor agrees that this Deed of Trust will secure all <br />finite advances and future obligations described above Uut are given in or incurred by any one or more Trustor, or any <br />one or more Trainor and other.. This Deed of Trost will not secure say other debt if Beneficiary fails, with respect to such <br />other debt, to stake 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. PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the <br />Evidence of Debt or this Deed of Trost. <br />6. WARRANTY OF TITLE. Trustor cuveuauts that Trustor is lawfully seized of the estate conveyed by this Deed of Trost <br />and has the right to irrevocably gran[, convey and sell to 'floater, in trust, with power of sale, the Property and warrants <br />that the Property is unencumbered, except for encumbrances of record. <br />7. 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 stay require Truster to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Truster's paymont. Trustor will defend title to <br />the Property against any claims that would impair the lien of this Deed of Trust. Tmstor agrees to assign on Beneficiary, as <br />requested by Beneficiary, any rights, claims or defenses which 'Tmstor may have against parties who supply labor or <br />materials to improve or maintain the Property. <br />S. 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 and that may have priority over this Deed <br />of Trust, Trastor 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 Tmstor 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 <br />in winding, <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the emim balance of the Secured Debt to <br />be Immediately due and payable upon the creation of any hen, encumbrance, transfer, or side, or contract for any of these <br />on the Property. However, If the Property includes Trustor's residence, this section shall be vubjmt m 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 pan of the Property. This covenant shall run with the Property and shall remain in effect until the <br />Secured Debt is paid in full and this Deed of'1'rust is released. <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other IhaO a natural person (such as a <br />corporation or other organization), Beneficiary may demand ummediate payment if (1) a beneficial interest in Truster is <br />sold or transferred; (2) there is a change in either the identity or number of members of a parnership; 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 />paynmml in the above situations if it is prohibited by law as of the date of this Deed of T'mst. <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity, other than a natural person (such as a <br />corporation or other organization), Trustor makes to Beneficiary the following warranties and representations which shall <br />be continuing as long as the Secured Debt remain. 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 contacts business, Tmstor has the power <br />and authority to own the Property and to carry on its business as now being conducted and, m applicable, is <br />qualified to do so in each state in which Trustor operates. <br />B. The execution, delivery and performance of this Deed of 'Trust by Trustor mud 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, and will mot violate any provision of law, or order of cowl or governmental agency. <br />C. Other than disclosed in writing Tmstor has not changed its name within the last ten years and has not used any <br />other trade Or fictitious Haire. Without Beneficiary's prior written consent, Trustor does not and will mot use any <br />other 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 Prnperty 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. '11ru,of. still keep the Property free of anxious weeds and grasses. Tooter will not initiate, join in or consent <br />to any change in any private restrictive covenant, zoning ordinance or other pubic or private restriction limiting or <br />aelum, the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written <br />consent. Truster 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. 'Trustor will comply with all <br />legal requirements and restrictions, whether public or private, with respect to the use of the Property. Tmstor also agrees <br />that the sabre of the Occupancy and use will not change without Beneficiary's prior written consent. <br />No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent <br />except that Trustor has the right to remove items of personal property comprising a part of the Property that become worn <br />ecGG�� page 2 116 <br />.�w.y ®1993 Boohoo SVZiemz, Inc „SC GIOUaMN Po—AG/LO -0TNE 392W1 <br />