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200209060 <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor td' 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 Trust is specifically referred to in the evidence of debt. <br />C. All obligations Truster owes to Beneficiary, which Dow exist or may later arise, to the extent not prohibited by <br />law, including, but not litrtted to, liabilities for overdrafts relating to any deposit account agreement between <br />Tmstor 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 effect, from time to rime, as provided in the Evidence of <br />Debt. <br />E. 'fmsmr's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Deed <br />of Trust securing, guarantying, or otherwise relating to the debt. <br />If more than one person signs this Deed of Trust as Tmstor, each Tmstor agrees that this Deed of Trust will secure all <br />future advances and future obligations described above that are given to or incurred by any one or more Truster, or any <br />one or more Truster and others. This Deed of Trust will nut 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. PAYMENTS. Tmstor 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 Trust, <br />6. WARRANTY OF TITLE. Tmstor covenants that Tmstor is lawfully seized of the estate conveyed by this Deed of Trust <br />and has the right to irrevocably grant, convey and sell to Trustee, in toast, with power of sale, the Property and warrants <br />that the Property is unencumbered, except for encumbrances of record. <br />7. CLAIMS AGAINST TITLE. Tmstor 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 />copies of all notices that such amounts are due and the receipts evidencing Toaster's payment Tmstor will defend title to <br />the Property against any claims that would impair the lien of this Deed of Trust. Truster agrees to assign to Beneficiary, as <br />requested by Beneficiary, any rights, claims or defenses which Truster 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, Trustor agrees: <br />A. To snake all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Truster 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 writing. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary mey, at its option, declare the entire balance of the Secured 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 Toaster's residence, this section shall be subject to the restrictions <br />imposed by federal law (12 C.F.R. 591), m applicable. For the purposes of this section, the term "Property" also includes <br />any interest to all or any part of the Property. This covenant shall mn with the Property and shall remain in effect until the <br />Secured Debt is paid in full and this Deed of Trust is released. <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Tmstor is an entity other tharr a natural person (such as a <br />corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Tmstor 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 />payntent in the above situations if it is prohibited by law as of the date of this Deed of Trust. <br />11. ENTITY WARRANTIES AND REPRESENTATIONS: If Toaster is an entity other than a natural person (such as a <br />corporation or other organization), Tmstor makes to Beneficiary the following warranties and representations which shall <br />be continuing as long as the Secured Debt remains outstanding: <br />A. Truster is an entity which is duly organized and validly existing in the Trustoi s state of incorporation (or <br />organization). Toaster is in good standing in all slates in which Toaster transacts business. Tmstor 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 Tmstor operates. <br />B. The 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 Toaster, have been duly authorized, have received all necessary <br />governmental approval, and will not violate any provision of law, or order of court or governmental agency. <br />C. Other than disclosed in writing Trustor has not changed its name within the last ten years and has not used any <br />other trade or fictitious name. Without Beneficiary's prior written consent, Truster does not and will not 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. Tmstor 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. Tmstor will keep the Property free of noxious weeds and grasses. Truster will not initiate, join in or consent <br />to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or <br />defining 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 Tmstor or any otter <br />owner made under law or regulation regarding use, ownership and occupancy of the Property. Tmstor will comply with all <br />legal requirements and restrictions, whether public or private, with respect to the use of the Property. Trustor also agrees <br />that the nature 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 wom <br />�� ®19933anRers 9Yatems,Inc.SC CIOUO , MN FO,m AG /COGIiJE J/6I3001 <br />naaezots <br />