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20020815S <br />B. All future advance., from Beneficiary to 'Ir for or'other Prime obligations of Trustor to Beneficiary under any <br />promissory nose, contract, guaranty, or othef evidence of debt executed by Trustor in favor of Beneficiary executed <br />after this Security Instrument whether or riot this Security Instrument is specifically referenced. If more than one <br />person signs this Security Instrument, each'frustor agrees that this Security Instrument will secure all future advances <br />and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and <br />others. All fixture advance, and other future obligations are secured by this Security Instrument even tough all or <br />part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of <br />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 commitment must be agreed to in a separate writing. <br />C All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but <br />not limited to liabilities for overdrafts relating to any dcpo .,it account agreement between Trustor and Beneficiary_ <br />D. All additional sums advanced and expenses incurred by Beneficiary 1'or 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 this <br />Su:urity Instrument. <br />This Security Instrument will not secure any other debt if Beneficiary tails 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 the Secured Debt and this Security InstrumeN. <br />6. WARRANTY OF TITLE. Trustor warrant., that Trustor is or will be lawfully seised of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant. convey. and sell the Property to Tr leave, in trust, with power of <br />sale T ms tor also warrants that life 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, Trustor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. 7 o promptly del rvcr to Beneficiary any notices that imstor 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 <br />secured by the lien document without Beneficiary's prior written consent. <br />8. CLAIMS AGAINST TITLE. Ttrader will pay all taxes, asseswncnt,, liens, encumbrances, lease payments, ground rents_ <br />utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Tmstor's payment. Trustr will defend title to <br />the Property against any claims that would impair the Tien of this Security Instrument. Trustor agrees to assign to <br />Bara ficrurv, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor <br />or materials to maintain or improve the Property. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be immediately due and payable upon the creation of. or contract for the creation of, any lien_ encumbrance, transfer or sale <br />of the Property. l min right is subject to the restrictions' imposed by federal law (12 C.F.R. 591), as applicable This <br />ervcnant shall run with life Property and shall remain in effect until the Secured Debt is paid in bill and this Security <br />Instrument is released_ <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br />make all repaus that are reasonably necessary. Tnt .,tor shall nut commit or allow any waste, impairment, or dcteriornion of <br />the Property- 'linstor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the <br />occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any <br />change in any license, restrictive covenant or casement without Beneficiary's prior written consent Trustor will notify <br />Beneficiary of all demands, proceedings, claims. and actions against Trustor, and of any loss or damage to the Property. <br />Beneficiary of Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Properly. Beneficiary shall give Trustor notice at the time of or before an inspection specitvtng a <br />reasonable purpose for the inspection. Any inspection cribs Properly shall be entirely for Beneficiary's benefit and Trustor <br />will in no way rely on Beneficiary's inspection. <br />11. ALTHORITV TO PERFORM. If T,st fails to perform any duty or any of the covenants contained in this Security <br />Instrumurit. Benefehuy may. without notice, perform or cause thorn to be performed. [raster appots Beneficiary as <br />attorney in fact to sign Trustar's name or pay any amount necessary for performance - Beneficiary's right to perRnnr for <br />'Itustor shall not create an obligation to perform, and Beneficiary's failure to perform will nut preclude Beneficiary from <br />exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property is <br />discontinued or not carried on in or reasonable nnanner. Beneficiary may take all steps necessary to protect Iicnefouary'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 Trustee. in trust for the <br />benefit of Bcncfictury, as additional security all the right, title and interest in anti to any and all existing or torture leases, <br />subleases, and any other written or verhal agreements for the use and occupancy of any portion of the Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues <br />and profits (all referred to as "Rents ") - Trustor will promptly provide Beneficiary with true and correct coppies of all <br />existing nerd future Leases_ Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in de null under <br />the terms of this Security Instrument. <br />'donator acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />entitled to notify any of 'Irusfor's tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Beneticu ry agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all <br />future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endues: and deliver to Beneficiary <br />any payment of Rents in'l'rustor's possession and will receive any Rents in trust for Beneficiary and will not commingle the <br />Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants <br />that nn defaut exists under the Leases or any applicable landlords tenant law. Trustor also agrees to maintain and require <br />any tenant to comply with the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIrl DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrument ie on a Icasehold. If the Property includes a unit in a condominium or a <br />planned unit development, Lorain will perform all of Trustor's duties under the covenants. by -laws, or regulations of the <br />condominium ar planned unit development. <br />(P ae 2o14) <br />9, <br />O 1y96 Bankers 6ysleme, IS S. Cloud. MN (I dppd' p] N411 fun n£ or NE 1n2]'9] <br />-CI 65(NE) Isaoel.ol <br />