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200210106 <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />prcnnissnry note, contract, guaranty, or other evidence of debt cxmula by Trustor in favor of Beneficiary executed <br />after (his Smuri(y Instrument whistler or not this Smurily Instrument is specifically referenced. If more than one <br />person signs this Smwit Instrument, tech Trusmr agrms that this Sa;urrty Instrument will secure all fuure 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 />others. All future advances and other future obligations are secured by (his Secwhy Instrument even though all or <br />part may not yet be advanced. All future advances and other forme nb gallons arc scoured as if made on the date of <br />this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to hake additional or <br />future loa0s or advances in any amount Any such omoural ,t must be agreed to in a sseepparate writing. <br />C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent tuLprohd'oud by law, including, but <br />not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustorand Beneficiary. <br />D. All additional sums advanced and cxpensio mcurrcd by Bcncf my fur ensuring, preserving or otherwise protecting <br />the Property and its value and any other sums advanced and expenses incurred by ener Day ander the terms of this <br />Smurily 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 Sawed 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. Truslor warrants that Trustor 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. Truslor 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 peform or comply with all covenants. <br />B. To promptly 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 />8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property what due. Beneficiary may require Trustor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to <br />the Properly against ony claims that would impair the lion of this Security Instrument. Trustor agrees to assign to <br />Beneficiary, as request by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply abnr <br />or materials 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 uppoon the creation of, or contract for the creation of, any lien, encumbrance, transfer or aide <br />of the Prot,crly. This right is subjcel lu the restrictions imposed by federal law (12 C.F.R. 591) as applicable. This <br />covenant shhall run with the Property and shall remain in effect mud the Secured Debt is paid in ull aid this Security <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truslor will keep the Property in gcx)d condition and <br />make all repairs that are reasonably necessary. Truslor 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 a ees that the nature of the <br />occupancy and use will not substantially change without Beneficiary's prior written consent. T,ruslor will not permit an <br />change in any license, restrictive covenant 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 Bencriciary's agents may, at Beneficiar y s option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Truslor notice at the time of or before an inspection specifTying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and raster <br />will in no way rely on Be cite ary's inapmWm. <br />11. AUTHORITY TO PERFORM. If 'I 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 pefformed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary for per onname. Beneficiary s right to pperform for <br />Truslor shall not create an obligation to perform, and Beneficiary s failure to perform will not preclude Ratefcciary from <br />exercising any of Beneficiary's other rights and er the law or this Sa;urity Instrument. If any construction on the Property 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 Properly, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevucably 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 ver bat agreements for the use and occupancy of any portion of the Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all refarad to as "Leases ") and rents, issues <br />and Profits (all referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct coppies of all <br />existing and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in defaull under <br />the terms of this Security Instrument. <br />Trustor acknowledges [hat this assignment is perfected upon the recording of this Geed of Trust and that Beneficiary is <br />entittcd In notify any of Trustor's tenants to make payment of Rents due or to become due to Benficiary . However, <br />Beneficiary agrees that only on def at will Beneficiary notify Truslor and Trustor's tenants and make demand that all <br />future Rents be paid directly to Heneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Tnlslor's possession and will receive any Rents in [rust for Beneficiary and will nut commingle the <br />Rents with any other Fonda Any amounts collected will be applied as provided in this Security Instrument Truslor warrants <br />[hat no default exists under the Leases or any applicable landlord /tenant law. Trustor also agrms (o maintain and require <br />any tenant to comply with the terms of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Truslor agrees to corn ly with the <br />provisions of any lease if this Security Instrument is on a leasehold. If the Properly includes a unit in a condominium or a <br />planned unit development, 'Truslor 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 or 4) <br />Q 1111 Y.ā€” 1,. eā€” hc.. 61. Clmd AN 'I 80011782U 11 ism RE DYNE 1Oo7N7 <br />-CI 66(NE) 0800).02 <br />