Laserfiche WebLink
20020553E <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by rustor in favor of Beneficiary executed <br />alter this Security Instrument whether or not this Security Instrument is specifically referenced. If more [ham one <br />person signs this Security Instrument, each 'Trustor agrees that this Security Instrument wilt secure all future <br />advances and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor <br />and others. All future advances and other future obligations are secured by this Security Instrument even though all <br />or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date <br />of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or <br />future loans or advances in any amount. Any such comnnilment must be agreed to in a separate writing. <br />C. All obligations 'I rustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, <br />but not limited lo, liabilities for overdrafts relating to any deposit account agreement between Trustor and <br />Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />the Properly and its value and ally other sums advanced and 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 Secured Debt will be paid when due and in accordance with the <br />terms of file Secured Debt and this Security Instrument. <br />6. WARRANTY OF TITLE. 'I rustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Properly to Trustce, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreemeent or other lien <br />document that created a prior security interest or encumbrance on tine Properly, 'Trustor agrees: <br />A.'fo make all payments when due and to perform or comply with all covenants. <br />B. 'I o promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />C. No( to allow any modification or extension of, nor to request any future advances under any note or agrcencnl <br />secured by the lien document without Belief iciary's prior written consent. <br />S. CLAIMS AGAINST TITLE. 'I rustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Properly when due. Beneficiary may require 'I rustor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing 'Irustor's payment. Trustor will defend title to <br />the Property against any claims that wouldunpair the lien of this Security lustruntcut. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficial, any rights, claims or defenses Trustor may have against parties who supply labor <br />th <br />or materials to maintain or improve e 'roperty. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be hnmediately due and payable upon the creation of, or contract lot the creation ol, any lien, cucumbrance, transfer or <br />sale 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 run with to Property and shall -remain in effect until the Secured Debi is paid in full and this Security <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. 'frustor will keep the Properly in good condition <br />and make all repairs that are reasonably necessary. ' I rustor shall not commit or allow any waste, inhpairnhent, or <br />deterioration of the Property. Trustor will keep the Properly free of noxious weeds and grasses. Trustor agrees that the <br />nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not <br />permit ally change in any license, restrictive covenant or casement without Beneficiary's prior written consent. 'I rustor will <br />notify Beneficiary of all demands, proccediuga, claims, and actions against Trusmr, and of any loss or damage to [lie <br />Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the propose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Properly shall be entirely for Beneficiary's benefit and <br />'frustor will In no way rely ou Beneficiary's inspection. <br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneticiary may, without notice, perform or cause them to be perfomtcd. 'I rustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform rot <br />Trustor shall not create an obligation to perfoml, 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 Properly <br />is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustce, in trust for the <br />benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future (Cases, <br />subleases, and any other written or verbal agreements for file use and occupancy of any portion of tike Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and reins, issues <br />and Profits (all referred to a� "Rents"). 'frustor will promptly provide Beneficiary with true and correct co ill of all <br />existing and lumre Leases. Trustor play collect, receive, enjoy and use the Rents so'long as 'I is not in default under <br />the terms of This Security Instrument. <br />'frustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />entitled to notify any of Trustor's tenants to make paymeul of Rents due or to become due to Beneficiary. Ilowever, <br />Beneficiary agrees that only on default will Beneficiary uotify Trustor and Truster's tenants and make demand that all <br />future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in 'Irusmr's possession and will receive any Rents in trust lot Beneficiary and will not commingle <br />Ile Rents with any otter funds. Any annouuts collected will be applied as provided in this Security Instrument. 'I ruslor <br />warrants that no dcfauh exists under the Leases or any applicable landlord /tenant law. Trustor also agrees to maintain and <br />require any tenant to comply with the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. I rester agrees to comply with the <br />provisions of Huy lease if This Security Instrument is on a leasehold. h the Property includes a unit in a condominium or a <br />planned unit developtncnl. Trustor will perform all of Trustor's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />(pvye 2 of 41 <br />\31994 Bankers 5yslams, Inc., 51 . Cloud, MN f1- B00 -39] -23411 Form RE DT NE 10;27!97 <br />