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200210663 <br />B. All future adcwtces film Beneficiary to Trustor or other future obligations of Tiustor 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 lo.strwncnt whether or not this Sccurily Instrument is specifically referenced. 11 more than one <br />person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances <br />and future obligations that ere given to or incurred by any one or more Tmstm, or any one m more Trustor and <br />ethers. All future advances end other future obligations rue secured by this Security Instrument even though all or <br />part may not yet be advanced. All tumre advames and other thhn'e 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 mirror. Any such commitment must be agreed to in a separate writing. <br />C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law. including, but <br />not battled to liabilities for overdrafts relating to any deposit account agreement between Zrustm and Beneficiary_ <br />D. All additional sins 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 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 wider the Secured Debt will be paid when dote and in accordance with the <br />terms of the Secured Debt and this Securitv Instrument _ <br />fi. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be la idly .seized of the estate conweyed 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_ I imswr also warrants Ihal the Property is unencumhered_ except for encumbrances of record. <br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security win cement w other lien <br />document that created a prior security interest or encumbrance on the Property, Tmstor agrees" <br />A. To make all payments when tine and to perform or comply with all covenants. <br />B. To prourplly deliver to Beneficiary any notices that Trustor receives fiom the holder <br />C Nat to allow any modiGcatiou or eslension of, nor to request any future ads -ances under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent <br />R. CLAIMS AGAINS'P TITLE. 'fruslor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when due- Rencficiary may require Trustor to provide to Beneficiary <br />copies of all notices flat such amounts are due and the receipts evidencing Tirana'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 />Beneficiary, as requested by Rcueficiary. any rights, claims or defenses Trustor may have against parties who supply labor <br />or rtalenals to n tairmin or improve the Property. <br />9. DUE ON SALE OR ENCUMBRANCE. Rencficiary 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 any lien, encumbrance, transfer or sale <br />of the Property. 'This right is subject to the restrictions imposed by federal law (12 CP_R_ 591), as applicable. 'Ibis <br />covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Instrument is released. <br />11). PROPE R'1'Y CON III 'I ION, ACPERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment. or deterioration of <br />the Property. Tiustor 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 m <br />'s prior written consent Tnsr will not permit any <br />change in any license, restrictive covenant ur easement without Beneficiary's prior written consent Trustor will notify <br />Beneficiary of all demands, proceedings, claims, and actions against I rust,,, and orally loss or damage to the Property <br />Beneficiary or Bcnchciwy's agents rimy, at Beneficiay's option, enter the Property of any reasonable time for the purpose <br />of inspecting the Property . Beneficiary shall give - liustor notice at the time of of before an inspection specifying a <br />reasonahle purpose for the inspection. Airy inspection of Hie Property shall be entirely for Beneficiary's benefit and Trustor <br />will in ao way rely un Beneficiary's inspection. <br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty of any of the covenants contained in this Security <br />hstrumeuL Beneficiary may, without notice, perform of cause them to he performed. Trustor appoints Beneficiary as <br />attorney in fact In sign Trustor',, rune or pay airy wnounl necessary for performance. Beneficiay's right to perform for <br />Trustor shall not create am obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under file law or this Security Instrumcm. If any construction on the Property is <br />deacontimed or not earned on in a rnsmrable insane. Beneficiary uray lake 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, coneys and sells to Trustee, in trust for the <br />benefit of Berefictary. as additional securty all the right, title and interest in and to any and Al exist in g or futur e leases, <br />subleases, and any other written or verbal agrccmcnls for the use and occupancv of any portion of the Property, including <br />any extensions, renewals, nnodif irons or substitutions of such agreements (all referred to as "Leases') and rents, issues <br />and profits (all referred to as 'Items' 'I. Trustor will promptly provide Beneficiary with true and correct copies of all <br />existing and future f cases. Trustor may collect, occeivc, enjoy and use the Rents so long as Trustor is not in de hard t under <br />the terms of this Security Instrument. <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust aid that Beneficiary is <br />entitled to notify any of Trustor's tenants to make payment of Rents due w to become due to Beneficiary- However, <br />Beneficiary agrees that only on default will Beneficemy notify Trustor and Tiustor's lenants and make demand that all <br />hmue Rents bellied directly to Rencficiary_ On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rcnts i,, Trustor's possession and will rccdvc any Renta in bust fur Beneficiary and will not commingle the <br />Rents with any other funds. Any anewits collected will be applied as provided in this Security Instrument. Trustor warrants <br />that no default exists order the Leases or any applicable landlord /tenant law. Trustor also agrees to maintain and require <br />any tenant to Comply with the terns of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any (ease if this Sccurily hoatrumenl is on a leasehold. If the Property includes a unit in a en ufwmri sum or a <br />planned unit development Trustor will perform all of Tiustw's duties under the covenants, by -laws. sir regulations of the <br />condominium or planned unit development. <br />4(C/ aeai.� <br />p i ss s ".xo�av i ,_ .. ai. CI) �m n . nu ar.n far 2l41 , r, ��" as of ae nv zr gar fp _ <br />4Q C165(NE) ass a oz <br />