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Application 4 0121070148 200205526 B. All future advances from Beneficiary to Truster or other future obligations of Trustor ho Beneficiary under any promissory note, contract, guaranty, or other evidence of debt executed by Truster in favor of Beneficiary executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Truster agrees that this Security Instrument win secure all future advances and future obligations that are given to or incurred by any one or more Trustor, or any one or more Tmstor and others. All future advances and other future obligations are secured by this Security lostrunrent even though all or pan may not yet be advanced- All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment mast be agreed to in a separate writing. C. All obligations 'Duster owes to Beneficiary, which nsy, later arise, to the extent not prohibited by law, including, but not limited m, liabilities for overdrafts relating to any deposit account agreement between Truster and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the Properly and its value and any other suns advanced and expenses incurred by Beneficiary under the terms of this Security Instrmnenl. This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. fi. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in test, with power of sale. Traitor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of test, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Trustor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promppfly deliver to Beneficiary any Rogers that Truster receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary's prior written consent. S. CLAIMS AGAINST T1I LE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Beneficiary may require Truster to provide to Beneficiary copies of all ounces that such amounts are due and the receipts evidencing Iustor's payment. Truster will defend title to die Property against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor may, have against parties who supply labor or materials to maintain or improve the Properly. 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 upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of We Property. This right is subject to the restrictions imposed by federal law (12 C.F.R.591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condition and make all repairs that are reasonably necessary. Truslor shall not comnht or allow any waste, impairment, or deterioration of the Property. Trustor will keep tie Property free of noxious weeds and grasses. Trustor agrees that the nature of die occupancy and use will not substantially change without Beneficiary's prior written consent. Truster will not pernm any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and actions against Truster, and of any loss or damage to the Property. Beneficiary or Beneficu ry's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the Properly. Beneficiary shall give Trustor notice of the time of or before an inspection specifying . a reasonable purpose for die inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Truster will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Trustor fails W perform any duty or any of the covenants conwined in this Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. Truster appoints Beneficiary as attorney in fact to sign Tuster's name or pay any amount necessary for performance. Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property 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. Truslor irrevocably grants, conveys and sells to Trustee, in oust for the benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future bases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitufinns of such agreements (all referred to as "Leases ") and rents, issues and profits (all referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct copies of all existing and furore Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under the terms of this Security Instrument. Truster acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled to notify any of Ttuster's tenants to nske payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that only ran default will Beneficiary notify Trustor and Trustor's tenants and make demand that all future Rents be paid directly to Beneficiary. On receiving notice of default, Truster will endorse and deliver to Beneficiary any payment of Rents in Tusior's possession and will receive any Rents in Dust for Beneficiary and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants that no default exists under the Leases or any applicable landlord /tenant law. Tmsor also agrees to nhainfain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS{ CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Truster agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Trustor will perform all of Tustor's duties under the covenants, by -laws, or regulations of the condominium or plahmed unit development. /(Po 9c2 ) 0 1994 9onkors Syn6rnS Igo. al. cloud. MN (PBCP9WQ941) Form nGDT -NC 10 /P]ry] ��CM(NE) (isea1