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200208160 <br />B. All Intone advances from &mefunary to Trustor or other tuture obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed be Trustor in favor of Beneficiary execued <br />after this Security instrument whether or not this Security Instrument is specifically referenced. If mole than one <br />person signs this Security Instrument. each'frustor agrees that this Security Inslruurent will secure all future advances <br />and future obligations that are given to or incurred by any one or Plate Trustor. or any one or more Irusror and <br />others. All future advances and other future obligations are secured by this Security Instrument even though all or <br />part may not yet he advanecd. All future advances and other future obligations are secured as if made oil 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 most be agreed to in a separate writing. <br />C, All obligaton, Tru,tor 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 deposit account agreement between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />the Property and its value and any other states advanced and expenses incurred by Beneficiary under the terms of this <br />Seculity 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 the Secured Debt mid this Security Instrument <br />fi. WARRANTY OF 'fl'1'LE. Trustor warrants that Trust., is or will he lawfully srizal of tire estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Tmstee, in trust, with power of <br />sale_ Trustor also corm ants that the Property is unencumbered, except for encumbrances of record_ <br />7. PRIOR SECL'RI'11 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 />1. 'I In make all payments when due and to perform or comply with all covenants. <br />B. 'fn promptly deliver to Beneficiary an ta <br />y notices that Ir sr receives from the holder. <br />C. Not to allow any modification ar exteusron oC nor to request any fitful e advanecs under airy note or agreement <br />secured by the lien document without Beneficiary s prior written consent. <br />R. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments. liens, cnu artnances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when due. Beneficiary may require Tmstor to provide to Beneficiary <br />copies of all notices that such amounts we due and the receipts evidencing Trustor', payment Tipster will defend title to <br />the Property against any claims that would [nhpair the lien of this Security Instrument Trustor' agrees to assign to <br />Bencliciary. os requested by Beneficiary, any rights, claims or defenses Tmstor may have against parties who supply labor <br />or materials to maintam 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 irmnediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale <br />of the Property _ This right is subject ill the restrictions imposed by federal law (12 C.F.R. 591), as applicable- This <br />ewcnant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and []its Security <br />hishument is released_ <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condition and <br />make all repairs that we reasonably necessary Trustor shall not conmni[ or allow any waste, impairment, or deterioration of <br />the Property, lrusror 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 Truster will not permit any <br />change in any license, restrictive covenant ter easement without Beneficiary's prior UTitten consent. Torsion will ratify <br />Beneficiary of all demands, proceedings, claims, and actions against 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 Ibr the purpose <br />of inspecting the Property. Beneficiary shall give li'ustor 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 Trustor <br />will in no way lely on Beneficiary's inspection. <br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the co%counts contained in this Seem try <br />Instrument Beneficiary may, without notice, perform or cause them to be performed, fluster appoints Beneficiary as <br />attorney in fact to sign luster's name or pay any amount necessary for performance. Beneficiary's right to perform for <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perforrn will not preclude Beneficiary Iran <br />exerci,ing any of Beneficiary's other lights under the law or this Security Inshument. If any construction nn the Property is <br />discontinued or not carried on in a reasonable names, Beneficiary may take all steps necessary to protect Beneficiary's <br />securty interest in the Property, including completion of the construction_ <br />12. ASSIGN M 1,N'1 OF LEASES AND RESTS. Tr name irrevocably grans, conveys and sells to Trustee, in trust for the <br />benefit of Beneficiary, as additional security all the right, title and interest in mid to any and all existing or future leases, <br />xublcascs, and any other written or verhil 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 />mid profits (all rcicired to as Rents "). Trustor will promptly provide Beneficim'y with true and correct copies of all <br />existing and future Leases. 'Trustor may collect, receive, enjoy mid use the Rents so long as Trustor is not in default under <br />the terms ofthis Security In sP rumen 1. <br />Tmstor acknowledge, that this assignment is perfected upon the recording of this Decd of Trust mid that Beneficiary is <br />entitled to notily um of Trusto2s tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Berheficimy agrees that only on ry default will Beneficial) notify Tmstor and Trustor's tenants and make demand that all <br />Linton Res he par to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Tmstor, possession and will receive any Rents in trust for Beneficiary and will not commingle dhc <br />Rents with any other ' funds_ Any amounts collected will be applied as provided in this Security Instrument. Trustor arant, <br />that no default exists under the Leases or any applicable landlord /Penult law. Trustor also agrees to maintain and require <br />any tenmu to comply with the terms of the Leases and applicable law. <br />13. LEASEIIOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />prmisions of arty lease if this Security Instrument is nn a leasehold. If the Property includes a unit in a condominium or a <br />plumed unit development, Trustor will perform all of Trustor's duties under- the covenants, by -laws, or rcgululion.s of the <br />condominium or planned unit development. <br />Q 1991 Ba "ks, systems, 1""., al. Una. MN 11800 -099 -20411 Form RFni NF 1019'9] <br />(Pj9 <br />/yU� <br />J pj <) <br />// { ) <br />C165(NE) 1s,tat of <br />