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200210325 B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty or other evidence of debt executed b)' Trustor in favor of Beneficiary executed after this Security Instrument whAcr or not this Swart Instrument is spccifically referenced. If more than one person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances and future obligations that we given to or incurred by any one or more Trustor, or any one or more Trustor and others. All future advances and other future obligations are seemed by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations arc secured as if made on the date of this Security Instrument Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment most be agreed to in a separute writing. C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but not limited to liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. D. All additional sums advanced and ex ses incurred by Beneficiary far insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. S. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Truslor warrants that Trustor is or will be lawfully seized of (he estate conveyed by (his Security Instrument and has (he right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with Power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Trustor agrees: A. To make all payments when due and to Perform or comply with all covenants. B. To promptly deliver n] Beneficiary any notices that Truslor receives from the holder. C. No ko allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary's prior written consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Truslor will defend title to the Property against w claims that would impair the lien of this Security Instrument. Trustor agrees to assign to F3eneficrary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against Parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and pa able upon the creation of, m contract for the creation of, any lien, encumbrance, transfer oracle of the Pr ty. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591) as applicable. This covenant shell run with the Property and shall remain in effect until the Seemed Debt is paid in tdI and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's nor written consent. Truslor will not permit an changge in an license, restrictive covenant or easement without Ben etPciary's prior written consent. Trusmr will nmity Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. Beneficiary or Beneficiary's agents may, at Roneficimy's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection speciff�y'iing a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and l rustor will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security Instrument, Beneficiary may, without notice, perform or cause them to be erfmmed. Trustor appoints Beneficiary as attorney in fact to sign Trustor's mine or pay any amount necessary for performance. Beneficiary a right to form for Truster shall not create an obligation to perform, and Beneficiary s failure to perform will not preclude Ben eficiary from exercising any of Beneficiary's other rights under the law or this Securely Instrument. if any construction on the Property is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably gents, conveys mid sells to Trustee, in trust for the benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future losses, subleases, and any other written or verbal agreements for the use and occupancy of any rtlon of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases') and rents, issues and profits (all referred to as 'Rents "). Truslor will promptly provide Beneficiary with true and correct copies of all nt existing and future Leases. Trustor may collect, receive, enjoy and use the Res so long as Truslor is not in default under the terms of this Security Instrument. Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agar That only on default will Benefimary notify Trustor and Tmstor's tenants and make demand that all future Rents be ppaaid directly to Beneficiary. On rccciving notice of default, Truster will endorse end deliver to Beneficiary any payment of Rents in Trustor's plicsesson and will I`- ve any Rents in trust for Den ciary and will not aimmingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor warrants that no default exists under the Leases or any applicable landlord/teranl law. Trustor also agrees to maintain and require any tomcat to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to earn with the provisions of any lease if this Salurily. Instrument is on a leasehold. If the Property includes a wit in a conllllmmium or a planned unit development, Truster will perform all of Trustor's duties under l e covenants, by -laws, or regulations of the condominium or planned unit development. 1991 BvJie, Eplen,, no 51. CIwE. MN 11 B00 d97 Q34 I l faun PE Or AF 102)/9] F' (page 2 or a) ®e-C165(NE) (980e)02