Laserfiche WebLink
Application $ 0121281885 <br />200209195 <br />B. All future advances from Beneficiary in Trustor or other future obligations of Truster to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Trainor in favor of Beneficiary executed after <br />this Security I smainent whether or not this Security Instrument is specifically referenced. If more than one person signs <br />this Security Instrument, each Truster agrees that this Security Instrument will secure all future advances and furore <br />obligations that are given to or incurred by any one or more Truster, or any one or more Truster and others. All future <br />advances and other future obligations are secured by this Security Instrument 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 commitment to make additional or future loans or advances in any <br />amount. Any such commitment must be agreed to in a separate writing. <br />C. All id ligation 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 Truster and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the <br />Property and its value and any other suns advanced and expenses incurred by Beneficiary under the terns of this <br />Security Instrument. <br />This Security Instmment will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />rescission. <br />5. PAYMENTS. Truster 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 Instrument. <br />6. WARRANTY OF TITLE. 'Truster warrants that Truster 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. Truster <br />also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. PRIOR SECURITY INTERES'T'S. 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 Io perform or comply with all covenants. <br />B. To prom fly deliver to Beneficiary any ounces that Trustor receives from the holder. <br />C. Not to allow, any modification or extension of, nor to request any furore advances under any now or agreement secured <br />by the lien document without Beneficiary's prior written cement. <br />S. CLAIMS AGAINST TITLE. Truster will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide in Beneficiary copies <br />of all notices that such amounts are due and the receipts evidencing Torun's payment. Truster will defend title m the Property <br />against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to 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 the 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.P.R.591), as applicable. This covenant shall not <br />with the Properly 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. Truster will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Truster shall not commit or allow any waste, impairment, or deterioration of the <br />Property. Truster will keep the Property free of noxious weeds and grasses. Truster agrees that the nature of the occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Truster 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 against Truster, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's offer, enter the Property at any reasonable time for die purpose of <br />inspecting the Property. Beneficiary shall give Truster 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 Beneficiary's benefit and Truster will in no way <br />rely on Beneficiary's inspection. <br />11. AUTHORITY 'FO PERFORM. If Truster fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without notice, portion or cause them to be performed Truster appoints Beneficiary as attorney <br />in fact to sign Trustor's name or pay any amount necessary for performance. 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 tinder the law or this Security Instrument. If any construction on the Property is discontinued or not <br />carried on in a reasonable restorer, Beneficiary may take all steps necessary to protect Beneficiary's security interest m die <br />Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Truster irrevocably grants, conveys and sells to Trustee, in trust for the benefit <br />of Beneficiary, as additional security all the right, title and interest in and to any and all existing or home leases, subleases, and <br />any other wrihco or verbal agreements for tie use and occupancy of any portion of the Property, including any extensions, <br />renewals, modifications or substitutions of such agreements (all referred ea as "Leases ") and resits, Issues and profits (all <br />referred to as Rents"). Truster will promptly provide Beneficiary with true and correct copies of all existing and future <br />Leases. Truster may collect, receive, enjoy and us, the Rents; so long as Truster is not in default under the terms of this <br />Security Instrument. <br />Truster acknowledges drat this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled <br />to notify any of Trustoi s tenants to make payment of Rents due or to become due in Beneficiary. However, Beneficiary agrees <br />that only on default will Beneficiary notify Truster and Truster's tenants and make demand that all future Rents be paid <br />directly to Beneficiary. On receiving notice of default, Truster will endorse and deliver to Beneficiary any payment of Rents in <br />Toaster's possession 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. Truster warrants that not default exists <br />under the Leases or any applicable landlord /tenant law. Trustor also agrees to maintain and require any truant In comply with <br />the [cries of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease 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 Truster's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />I <br />�9f (page 2014) <br />© 199< RE, kn 6yau11 1s Inc ftl CUUJ MN (1d0197 2341) Fm FE -0TAE 1N]I9] <br />(=�WC155(NE) (9808) <br />