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Application # 0121031066 <br />200205610 <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 odier evidence of debt executed by Truster tu favor of Beneficiary executed alter <br />this Security Irandanarnt whether or not this Security Instrument is specifically referenced If more than mac person signs <br />this Security Instrument, each Truster agrees that this Security Instrument will secure all future advances and tuture <br />obligations that are given to or incurred by any one or more Truster, or any one or more Truster and others. All nature <br />advances and other future obligations are secured by this Security Instmment even though all or part may not yet be <br />advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. <br />Nothing in this Security Instrument shall constitute a con di itment to make additional or furore loans or advances in any <br />amount. Any such commitment must be agreed to in a separate writing. <br />C_ All obligations Truster owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but not <br />limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for imurmg, preserving or otherwise protecting the <br />Property and its value and any 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 Dehi will he paid when due and to accordance with the <br />terms of the Secured Debt and this Security Instrument <br />6. WARRANTY OR 'TITLE. Tmsmr warrants trot Trustor is or will be lawfully seized of the estate conveyed by this Security <br />Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor <br />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 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 to Beneficiary any notices that Trustor receives from the holder. <br />C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured <br />by the lien document without Beneficiary's prior written consent. <br />8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, ]case payments, ground rents, <br />utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary copies <br />of all notices that such amounts are due and the receipts evidencing Tmsmr's payment. Trustor will defend title to the Property <br />against any claims that would impair the lien of this Security Instrument. Tmstor agrees to assign In Beneficiary, as requested <br />by Beneficiary, any rights, claims or defenses 'truster may have against parties who supply labor or materials to maintain or <br />improve the Property. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare die entire balance of the Secured Debt to be <br />immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the <br />Property. This right is subject to the restrictions imposed by federal law (12 C. F.R. 591), as applicable. This covenant shall run <br />with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep die Property in good condition and <br />make all repairs that are reasonably necessary. Truamr shall not cormnit or allow any waste, impairment, or deterioration of the <br />Property _ Truster will keep thc Property free of noxious weeds and grasses mstor agrees that the nature of die occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any change in any <br />license, restrictive covenant or easement without Beneficiary's prior written consent. Truster will notify Beneficiary of all <br />demands, proceedings, claims, and actions agahhst Trustor, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of <br />inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a reasonable <br />purpose for the inspection. Any inspection of the Property shall be entirely for Benefciary's benefit and Trustor will in no way <br />rely on Beneficiary's inspection. <br />11. AU'I'IIORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instmment, Beneficiary nhay, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney <br />in fact to sign Traitor's name or pay any amount necessary for pedorhhance. Beneficiary's right to perform for Truster shall <br />not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under die taw or this Security Instrument It any construction on the Property is discontinued or not <br />Carried on in a reasonable manner, Beneficiary may take all steps accessary to protect Beneficiary's security interest in the <br />Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Tmsmr irrevocably grants, conveys and sells to Trustee, in trust for the benefit <br />of Beneficiary, as additional security all tie right, title and interest in and to any and all existing or future leases, subleases, and <br />any other written or verbal agreements for the use and occupancy of any portion of tie Property, including any extensions, <br />renewals, modifications or substitutions of such agre;mmds (all referred to as "Leases ") and rents, issues and profits (all <br />referred to as "Rents "). Truster will promptly provide Beneficiary with tote and correct copies of all existing and future <br />Lcodad,. Trustor may collect, receive, enjoy and use the Rents sit lung as Trustor is not in default under the terms of this <br />Security Instrument <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is untitled <br />to notify any of Trusmr's teihants to nhake payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees <br />that only on default will Beneficiary notify Trustor and Truitor's tenants and make demand that all future Rents be paid <br />directly to Beneficiary. On receiving notice of cobalt, Trustor will endorse and deliver to Beneficiary any payment of Rents in <br />'fmsmr's poasessiun and will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other <br />funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants that no default exists <br />under the Leases or any applicable land nelfterind law. Trustor also agrees to maintain and require any tenant to comply with <br />the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any ]case if this Security Instrument is on a leasehold- If the Property includes a unit in a condominium or a <br />planned unit development, Truster will perform all of Tremor's duties under are covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />E. /\ (pdye D14) <br />1994 aw,kus- syalmi�t Imo. St Claud. MN (bB W04123411 Farm DGDT -N6 ncl9 9] ✓� <br />vyr ®- 0165(NE) Cors) <br />