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200205999 13. All firmre advance, hour Beneficiary to Tmsmr or other future obligations of Trusmr to Beneficiary under any promissory note, contract. guaranty, or other evidence c f debt executed by Trustor in fmvor of Beneficiary executed after [his Security Instrument wluetheu' of not this Security Instrument is .specifically referenced_ if more than one person signs this Security Instrument. each "truster agrees [hat this Security Instrument will secure all future advances and fitrw'c .hhg,dRm, that are given to cr curred by any one or n more truster, or any core or more Trustor and .then. All future advances and other in if inobligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations me secured an if made on the dare of this Security Instrument Nothing in this Security instrument shall constitute a commitment to make additional of future loans or advances in any aniount. Any such commitment must be agreed to in a .separate writing_ C All obligations truster owes to Beneficiary, which may later of ise. to the extent not prohibited by law, including, but not limited to, liabilities fm overdrafts relating to any deposit account agreement between'turner and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting The Pr.perty and its value and any other suns advanced and expenses incurred by Beneficiary under the terms of This Security Instrument. 'this Security Instrument will not secure any other debt if Beueficimy fails to give any required notice of the right of fell, cR`Ron 5. PAYMENT'S. l ia,tnr agrees trial all payments under the Secured Debt will be paid when due mid in accorduisc with the toms of Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Trustor variants that Trustor is or will be Imvfully seized of the Estate comcyed by this Security instrument and has the right to ineeocahly grant. coin cy. and sell the Property to Trustee, in trust, with power of sale. Trustor also warrants that the Properly is unencumbered, except for encumbrances of record_ 7. PRIOR SECURITY INTERESTS. With regard to mry other mortgagq decd of trust, security agreement or other lien document that created a prior security itl efest or encumbrance on the Property, Trustor agrees: A_ to make all payments when due and to perform or comply with all cco ca ands. B. to prom hty deliver to Beneficiary any notices that Tios tar receives from the holder. C Not to al.w any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document,old out Beneficlap's prior written consent. R. CLAIMS AGAINST 'H ILE. 'Ihstor will pay all taxes, assessments. liens, efmmnbrances. lease payments, ground rents_ ah]itics, and otter charges relating In the Properly when due Beneficiary may require 'tmstor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Tiousna's payment Trusmr will defend title to the Property against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to Bamficiarv, as requested by Bcncficiarv, any rights, claims or defense, Trustor may have against parties who supply labor or materials to maintain or improve the Property. 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 oL or contract for the creation of any lien, encumhrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This etveuorit shall fort with the Property and .shall remain in effect until the Secured Debt is paid in frail and this Security In trument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPEC'LION. 'tmstor will keep the Property in good condition wW make all reports that are reasonably nccca,arv. Trusmr shall not commit or allow any waste, impairment, or deterioration of the Property_ Trusmr will keep the Property free of noxious weed, and grasses, Truslor ogres that the nature of the occupancy and use will nor suhstantially change without Beneficiary's prior written consent Trustor will not permit airy change in ally license, icstrldive covenant or casement without Reneficiarys prior written consent. 7itistoi will notify Beneficiary of all demands, proceedings. claims, and actions against Trustor', mid of any loss or damage to the Property. Beneficiary or Bene Bciary'a agents tray, al Beireficiarv's option, enter the Property at any xvRiunhle time for the purpose of inspecting the Poperty . Beneficiary shall give "liestor notice at the time of or before mu inspection specifying a reasonahle purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary s bei of t mid'('rusmr will in no way rely on Beneficim_v'.s inspection. 11. AU'THORI'TY 'IO PERFORM. If Trusmr fails to perform any duly or any of the covenants contained in this Security Instrument, Reneficiary may, without notice_ pertorn or cause them to be performed. Trustor appoints Beueficimy as attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to pedbrm for Trustor shall not create an obligation to perform, and Beneficiary's failure to pedomt will 1101 preclude Beneficiary from cxcre'sing any of Reneficiary's other rights under the law or this Security Instrument. If mry construction on the Property is discontinued or not carried on in a reasonable manner, Reneficiary may take ill steps necessary to protect Beneficiap %s security interest in the Property, including completion of the construction 12. ASSIGNMENT OF LEASES AND RENTS. Trustor hteeocably grants, conveys and sells to Trustee. in trust for the benefit of Beneficiary, as additional security all the right, title will interest in and to any and all existing or fWUrc leases, subleases, mid fury other written or verbal agreements for the use and occupancy of any portion of the Property, including airy extereions, renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issues and profits (all referred to as "Rears") Trustor will promptly provide Beneficiary with true mid cored copies of all existing and future Lenses. Trustor may collect, receive, enjoy and use the Rents so long as livstor is not in default under the terms of this Security Irishtunent. Ilnstor acknowledges that this assignment is perfected upon cite recording of this Deed of Trust and that Beneficiary is entitled to notify any of l iustor's tenants to make payment of Rents due or to become due to Beneficiary Howeca. Beneficiary agrees that only on default will Beneficiary notify Trustor and Trusou'R tenants and make demand that all fnure Rents be paid directly to Beneficiary_ Un receiving notice of default, Truslor will endorse and deliver to Beneficiary any payment of Punta in Trustor's possession and will receive any Rents fit trust for Beneficiary will not commingle the Rents udth an, other funds. Any amounts cc1lected will be applied us provided in this Security Instrument TrllRteC warrants that nn default exists under the Leases or any applicable landlord reliant law. Trustor also agrees to maintain and require any Ienant to comply with the terms of the I cries and applicable law . 13. LEASEIIOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the provisiona of any ]case if this Security Instrument is on a leasehold_ It the Property includes a unit in a condoniimiuuf or a planned unit development, Trustor will pciforu all of Truslor s duties under the covenants, fiy -laws, or regulations of the condominium or planned unit development p 'l s rco sro .. tar tt aloud. Mot 1 s -oa97 -111., Four RE ET RE 1021 97 4 C165(NE) osos a