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200201100 <br />B. All future advances from Buneiciary to Imitator or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, gum'mty, m other evidence of debt executer! by Trustor in favor of Beneficiary executed <br />after this Security Instrument whether or not this Security Lnstru tent is specifically referenced. If more than one <br />person sighs this Security Instrument, each Trustor 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 fume obligations are secured by this Security Instrument even though all or <br />part may not yet he advanced. All mmre advances and other future obligations are secured as if male on the date of <br />this Security Instrument. Nothing in this Security Instrument sball constitute a commitment to make additional or <br />future loans or advances in any amount. Any such commitment must be agreed to in a sepmate writing_ <br />C. All obligations Trusmm 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 any deposit account agreement between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses ineuned by Beneficiary for insuring, preserving or otherwise protecting <br />the T'rnpcmty and its value and any other sums advanced acrd 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 Scoured Debt will be paid when due mid in accordance with the <br />terms of the Sccmrcd Debt and this Security Instrunent, <br />6. WARRANTY OF TITLE. Truster warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument mid has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Finite, also warrants that fire 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, Truster agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B_ To promptly deliver a Beneficiary any notices that Trustor receives front 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. '17ustor 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 Trustor to provide to Beneficiary <br />copies of all notices that such amounts arc due mid the receipts evidencing Tmnstor's payment Trustor will defend title to <br />the Property against any claims that would impair the lien of this Security hhsfrument. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses'frustor 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 mid payable upon the creation of, Or contract for the creation of, our lien, encumbrance, transfer or sale <br />of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591) as applicable. This <br />covenant shall suit with the Pmperty 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. Trustor will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impavnent' or det rmogio r of <br />the Property_ Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the <br />occupancy and use will not substantially change without Beneficiary'a prior written consent. muster will not permit any <br />change in any license, restrictive covenant or easement without Beneficiary's prior written consent Trustor will notify <br />Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Properly. <br />Bon liciray 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 'Trustor notice at the nine of or before an inspection spccidlmg a <br />reasonable purpose for the inspection_ Any inspection of the Property shall be entirely for Beneficinry's benefit and Trustor <br />will in no way rely on Beneficiary's inspection. <br />11. AUTHORITY TO PERFORM. It Oralor 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, Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for <br />Trustor shall not create an Obligation to 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 Property is <br />discontinued or not carried ore in a reasonable manner, Beneficiary may lake all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND PUNTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of Bein ficilcy, as additional security all the right, title mid interest in aid to any and all existing or future leases, <br />subleases, and any other written or verbal agreements for the use mid occupancy of any portion of the Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all retermil to as "Leases") and rents, issues <br />and profits (all referred to as "Rents'). Trustor will promptly provide Beneficiary with true and correct copies of all <br />existing and fimae I eases. 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 die recording of this Deed of Trust and that Beneficiary is <br />entitled to notify any of Toaster's tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor s tenants and make demand that all <br />future Rents be paid directly to Beneieiary. On receiving notice of default, Trustor will endorse mid deliver to Beneficiary <br />any payment of Rcuts in Trustor's possession and will receive any Rents in trust for Beneficiary and will not commingle the <br />Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument Trustor warrants <br />that no default exists under the T. cases or any applicable landlord/tenant law. Trustor also agrees to andmilia and require <br />any tent to comply with the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS, PLANNED UNIT DEVELOPMENTS. 'f4ustor agrees to comply will, the <br />provisions of any lease if this Security Instrument is on a ler aehold. If the Property includes a unit in a condominium or a <br />planted unit development, Trustor will perform all of Tmstor's duties under the covenants, by -laws, or regulations of the <br />condominium or planed unit development. <br />01,9, e_i,_ s,,,_,, , 0,,d. aN, 11, a 1, .,o mmn IF or IF 121/W Ta <br />®= -0t 66(NE) Iseoasi <br />