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200209843 <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evideee of debt executed by Truslor in favor of Beneficiary executed <br />after this Security Instrument whether or not this Security Instrument is specifically referenced_ If more than one <br />person signs this Security Instrument, each Truster agrees that this Security Instrument will secure all future advances <br />and furore ohligations that arc given tf or incurred by any one or more Truster, or any one or more Trustor and <br />others. All future advance, and other future obligations are secured by this Security Instrument even though all or <br />part may not yet he 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 containment must be agreed to in a separate writing_ <br />C. All bbligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but <br />not limited t4 liabilities for merdmfts' relating to an deposit account agreement between Truster 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 sums advanced and expenses incurred by Bcncficiary under the terns of this <br />Security hslrument. <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. 'truster agrees that all payments under the Secured Debt will he paid when due and in accordance with the <br />tens of the Secured Debt and this Security Instrument. <br />6. WARRANTY OF TITLE. Truster warrants that truster is or will be lawfitly seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale Trustor also warrants that the Properly is uncncumbered, except for encumbrances of iecord. <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 />If to proof fly 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 hltme advances under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent_ <br />S. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments_ liens, encumbrances, lease pavmcnts, ground rents, <br />utilities, and other charges relating to the Properly when due. Beneficiary may require Ttustor to mm rile to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing I rustor's payment Trustor will defend title to <br />the Property against any claims that would impair the lien of this Security instrument Trustor agrees to assign to <br />Bcncficiary, as requested by Beneficiary, any rights, claims or defenses Trustor may lime against parties who supply labor <br />or materials N maintain or improve the Properly. <br />9. DII FI ON SALE OR ENCUMBRANCE. Beneficiary may, al 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_ This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and (his Security <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION". Trustor will keep the Property in good condition and <br />make all repairs that arc reasonably necessary. Ttustor shall not commit or allow any waste, impairment, or deterioration of <br />the Property. Tnlstor 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 covenmd or easement 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 or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property_ Beneficiary shall give Trustor notice at the fame of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor <br />will in no way rely on Beneficiary's inspection. <br />11. AL'I HORI'I Y '1'0 PERFORM. If Trustor fads to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may without notice, perform or cause, them to he performed. Trustor appoints Bcncficiary as <br />attorney in fact to sign Trustor s narne or pay any arnount necessary for performance. Beneficiary's right to perform for <br />Tnvslor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude beneficiary from <br />exercising any of Beneficiary's other rights under the law m this Security Instrument If any construction on tic Property is <br />discontinued or not carried on in a reasonable mariner. Beneficiary may take all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Tutor irrevocably grants, conveys mid sells to 'trustee, in trust for the <br />henefit of Beneficiary, as additional Security all the right, title and interest in and to any and all existing or future leases. <br />subleases, and any other written or verbal agreements for the use and occupancy of arty portion of t e 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 copies of all <br />existing end future Leases. Truslor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under <br />the terms of this Security Instrument <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trost and that Beneficiary is <br />entitled to notify any of Trustor's tenants to make paymcnt of Rents due or to become due to Beneficiary. However, <br />Beneficiary agrees that only on default will Beneficiary notify Tutor and Tiustor's tenants mid make demarid that all <br />future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Truxter's possession and will ruccive any Rents in trust for Beneficiary and will not commingle to <br />Rents with my other funds. Any amounts collected will be applied as provided in this Security Instrument. 'I roster warraats <br />that an defm It exists under the Leases or mry applicable Iandloodfanant law_ Trustor also agrees to maintain and require <br />any mnanl to comply wits the leans 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, Tutor will perform all of Tutors duties under the covenants, by laws. or regulations of the <br />condominium or planned unit development. <br />0 Ito R, ois ar I I 41 E1, a.0 Em 11 800 ] 91 29111 FOrn RE Er RE 10'27/ 7 <br />�� <br />C165(NE) roeoe E2 <br />