200209888
<br />B. All future advances from Beneficiary to Trustor or other future obligations of Truster to Beneficiary under any
<br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed
<br />after this Security Lutrumont wherhe Or not this Security Instrument is specifically referenced. If more than one
<br />person signs [his Securely Instrument, each Touter agrces 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 />Other Al] future advances and other future obligations are secured by this Security Instrument even though all m
<br />part may not yyet be advanced. All future advances and other future oblligations are secured as if made on the date of
<br />this Security Insrument. Nothing in this Security Instrument shall consulate a commitment to make additional or
<br />future loans or advances in any amount. Any such wmmitmen[ moat be agreed [o in a seepparate writing.
<br />C. AlCobligatmr s Truster owes tO Beneficiary, which may later arise, to the extent not protribited by law, including, but
<br />not limited to liabilities for overdrafts relating to an deposit account agreement between Trustor and Beneficiary.
<br />D. All additional sums advanced and expenses incurred byy Beneficiary for 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 />Security 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 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
<br />Security instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of
<br />sale. Truster also warrants that the 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. To prompfly 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 future 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 payments, ground rents,
<br />utilities, and other charges relating to the Property when due. Beneficiary may require Truster to provide to Beneficiary
<br />copies of all notices that such amounts are due an d the receipts evidencing Trustor's payment. Trustor will defend title to
<br />the Property against any claims that would impair the lien of this Security Instrument. Truster agrees to assi� to
<br />Beneficiaarryy, as requested by Beneficiary, any rights, claims m defenses Trustor may have against parties who supply labor
<br />or mmerials 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, an y lion, encumbrance, transfer or sale
<br />of the Properly. 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 ax until the Secured Debt is paid in t'ull an d 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 repairs that are reasonably necessary. Trusts shall not commit or allow any waste, impairment, or deterioration of
<br />the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature Of the
<br />occupancy and use will not suba[an[ially change without Beneficiary's rior written consent
<br />T ouatnr will not per an
<br />charge in an license, reatrimive covenant m casenenI without Beneficiary's prior written consent. Trust.. wall noify
<br />Beneficiary of all demands, proceedings, claims, end actions against Truster, and of any loss m damage to the Property.
<br />Beneficiary or Doneficiary 's aggeennts may, at B®eficiary s option, enter the Property at any reasonable time for (he pmpnse
<br />of inspecting the Property. Bweficiary shall give 'Inrstor notice at the time of or before an inspection specsffyynnng s
<br />ream ble purpose for the inspection. Any inspecfion .f the Property shall be entirely for Beneficiary's benefit and'frustor
<br />will in no way raty on Beneficiary's inspect....
<br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security
<br />Instrument, Beneficiary may, without notice, perform or cause them to be erformed. Trustor appoints Beneficiary as
<br />attorney in fact to sign Trustor'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 perform will not preclude Beneficiary from
<br />exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Pr arty is
<br />discontinued or not carried on in a reasonable manner, 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. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the
<br />benefit 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 any p.rtnon 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 copies of all
<br />existing and future Leases. Trustor 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 Trust and that Beneficiary is
<br />entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However,
<br />Beneficiary agrees that only on default will Beneficiary notify Trusor and Trustor's tenants and make demand 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 Trustor's possession and will receive any Rents in
<br />trust for Ben iciary and will not commingle the
<br />Rents with any other fiords. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants
<br />that no default exists under the Leases or any applicable landlerd / tenant law. Tnutm also agrees to maintain and require
<br />any tenam . to comply with the terms of the Leases and applicable law.
<br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to coin ly 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, Trustor will perform all of Trustor's duties under the covenants, by -laws, or regulations of the
<br />condominium or planned unit development.
<br />(page 2 of 4)
<br />Q 1994 Ba ens SVOWS, he SL Clmd MN 0 000397 2341) rpm RE DI Nr 1027197
<br />4=-C166(NE) (980.) 02
<br />
|