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200210678 Application 4 0121328269 <br />B. All future advances from Beneficiary to Tmstor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed after <br />this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs <br />this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances and future <br />obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and others. All future <br />advances and other filrore obligations are secured by this Security Instrument even though all or part may not yet be <br />advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. <br />Nothing in this Security Instrument shall constitute a connnoment to make additional or future loans or advances in any <br />amount 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 not <br />limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Beneficiary. <br />D, All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the <br />Property and its value and any other sums advanced and expenses incurred by Beneficiary tinder 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. Trustor warrants that Trustor is or will be lawfully seized of die estate conveyed by this Security <br />Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor <br />also warrants that the Properly is unencumbered, except for encumbrances of record. <br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, decd of trust, security agreement Br other lien <br />document that created a prior security interest or encumbrance on the Property, Truster agrees: <br />A. to make all payments when due and to perform or comply with all covenants. <br />B. To prom fly 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 furore advances under any note or agreement secured <br />by the lien document without Beneficiary's prior written consent. <br />8. CLAIMS AGAINST TITLE. Toaster will pay all tares, 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 copies <br />of all notices that such amounts are due and die receipts evidencing Trustor's payment. Trustor will defend title to the Property <br />against any claims that would impair the lien of this Security Instrument. Toaster agrees to assign to Beneficiary, as requested <br />by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor or materials to maintain or <br />improve the Property. <br />% DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt m be <br />immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the <br />Property. This right is subject to the restrictions imposed by federal law (12 C.F.R.591), as applicable. This covenant shall run <br />with the Property and shall remain in effect until the Secured Debt is paid in full and this Security 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. Trustor shall not commit or allow any waste, impairment, or deterioration of the <br />Property. Tmator will keep the Properly free of noxious weeds and grasses. Truster agrees that the nature of the occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any change in any <br />license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all <br />demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Properly. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of <br />inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a reasonable <br />purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Trustor will to no way <br />rely on Beneficiary's inspection. <br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary nay, without notice, perform or cause them to be performed. Truster appohmts Beneficiary as attorney <br />in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for Toaster shall <br />not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under die law or this Security Instrument. If any construction on the Property is discontinued or not <br />carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the <br />Properly, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit <br />of Beneficiary, as additional security all the right, title and interest in and to any and all existing or firttire leases, subleases, and <br />any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, <br />renewals, modifications or substitutions of such agreements (all referred to as "Leases ") and rents, issues and profits (all <br />referred to as "Rents "). Trustor will promptly provide Beneficiary with true and correct copies of all existing and future <br />Leases. Trustor may collect, receive, enjoy and use the Rents so long as Toaster is not in default corder the terms of this <br />Security Instrument. <br />Tmstor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is entitled <br />to notify any of Truster's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees <br />that only on default will Beneficiary notify Trustor and Trustor's tenants and hake demand that all future Rents be paid <br />directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary any payment of Rents in <br />Trustor's possession and will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other <br />funds. Any amounts collected will be applied as provided in this Security instrument. Trustor warrants that no default exists <br />under the Leases or any applicable landlord /tenant law. Trustor also agrees to maintain and require any tenant to comply with <br />the terms of the leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply 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 Truster's duties under the covenants, by -laws, or regulations of the <br />condominium or plaimed unit development. <br />Q, 1994 Ben Man SystemS,Iin, St once, MN a 8003972M p Potm A EBTNE l Os719] <br />�® Cl8 (NE) t9soel <br />