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200210624 <br />B. All future advances from Beneficiary to I rustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of Trust <br />whether or nor this Deed of Trust is specifically referred to in the evidence of debt <br />C. All obligations Truster owes N Beneficiary, which now exist or may later arise, N the extent not prohibited by <br />law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between <br />Truster and Beneficiary. <br />I1 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 Beneficiary under the teruts of <br />this Deed of Trust, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of <br />'Debt. <br />E. Trustur's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Deed <br />of 'I rust securing, guarantying, or otherwise retailing to the debt, <br />If more than one person signs this Deed of Trust as Truslor, each Truster agrees that this Deed of Trust will secure all <br />future advances aad future obligations described above that are given to or incurred by any one or more To smr, or any <br />one or more 'I rusmr and others. This Deed of Trust will not secure any other debt if Beneficiary fails, with respect to such <br />other debt, to make any required disclosure about this Deed of Trust or if Beneficiary fails to give any required notice of <br />the right of rescission. <br />5. PAYMENTS. Trustor agrees to nuke all payments on the Secured Debt when due and in accordance with the ferms of the <br />Evidence of Debt or this Deed of Trust. <br />6. WARRANTY OF TITLE. Toil covenants that Truster is lawtully seized of the estate conveyed by this Deed of Trust <br />and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and warrants <br />that the Property is unencumbered, except for encumbrances of record. <br />7. 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 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 Property against any clams that would impair the lien of this Deed of Trust. Truster agrees to assign to Beneficiary, as <br />requested by Beneficiary, any rights, claims or defenses which Truster may have against parties who supply labor or <br />materials to improve or maintain the Propetly_ <br />S. 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 and that may have priority over this Deed <br />of Trust, Trustor agrees: <br />A. To make all payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any <br />note or agreement secured by, the other mortgage, deed of trust or security agreunent unless Beneficiary consents <br />in writing. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt in <br />he immediately due and payable upon the creation of any lien, eucmnbrance, transfer, or sale, or contract for any of these <br />on the Property. However, if the property includes 'ltustor's residence, this section shall be subject to the restrictions <br />imposed by federal law (12 C.N.R. 591), as applicable. For the purpl of this section, the term "Property': also includes <br />any interest to All or any part of the Property_ This covenant shall run with the Property and shall remain in effect until the <br />Secured Debt is paid in full and this Deed of Trust is released_ <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other than a natural person (such as a <br />corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Trustor is <br />sold or transferred; (2) there is a change in either the identity or number of members of a partnership; or (3) there is a <br />change in ownership of more than 25 percent of the voting stock of a corporation. However, Beneficiary nay net demand <br />payment in the above situations if it is prohibited by law as of the date of this Deed of Trust. <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. if TrriUra is an entity other than a natural person (such as a <br />corporation or other organization), Trustor makes to Beneficiary the following warranties and representations which shall <br />be continuing as long as the Secured Debt remains outstanding: <br />A. 'Trustor is an entity which is duly organized and validly existing in the Truslor's state of incorporation (or <br />organization). Trustor is in good standing in all stales in which Trustor lraaeaeG business- Trustor has the power <br />and authority W own the Properly and to carry on its business as now being conducted and, as applicable, is <br />qualified to do so in each state in which 'I rustor operates. <br />B. The execution, delivery and performance of this Deed of Trust by Trustor and the obligation evidenced by the <br />Evidence of Debt are within the power of Trustor, have been duly authorized, have received all necessary <br />governmental approval, and will not violate any provision of law, or order of court or governmental agency. <br />C. Other than disclosed in writing Trustor has not changed its name within the last ten years and has not used any <br />other trade or fictitious name. Without Beneficiary's prior written consent, Truslor does not and will not use any <br />other mane and will preserve its existing name, trade names and franchises until the Secured Dcht is satisfied. <br />12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. 'Trustor will keep the Property in good condition <br />and make all repairs that are reasonably neuresary. Truslor will give Beneficiary prompt notice of any loss or damage to <br />the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will not initiate, join in or consent <br />to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or <br />defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written <br />consent. Trustee will uotify Beneficiary of all demands, proceedings, claims, and actions against Trustor or any other <br />owner made under law or regulation regarding rise, ownership and occupancy of the Property. Trustor will comply with all <br />legal requirements and restrictions, whether public or private, with respect to the use of the Property_ 'Trustor also agrees <br />that the nature of the occupancy and use will not change without Beneficiary's prior written consent. <br />No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent <br />except that Trustor has the right to remove items of personal property comprising a part of the Properly that become worn <br />sage 2 of 6 <br />Ea /%w =/ ©1993 aanksrs5yatams n Claud, MN Fun, AG /CO -CT NE 3/8 /3001 <br />