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200211251 All future advances from Beneficiary to Trustor or other future ( promissory note, contract, guaranty , or other evidence of debt exec after this Security Instrument whether or not this Security Instruct person signs this Security Instrument, each Trustor agrees that this S and future obligations that are given to or incurred by any one or others. All future advances and other future obligations are secures Dart may not yet be advanced. All future advances and other future future loans or advances many amount. Any such cmmmtment must t C. All obligations Truster owes to Beneficiary, which may later arise, to not limited to liabilities for overdrafts relating to any deposn account D. All additional sums advahUd and expenses incurred by Beneficiary 1 the Property and its value and any other sums advanced and expenses of Trustor to Beneficiary under any ustor in favor of Beneficiary executed ;ifically referenced. If more than one nument will secure all future advances itor, or any one or more Truster and ecurity Instrument even though all or 1 are seemed as if made on the date of a commitment to make additional or to in a separate writing. t not prohibited by law, including, but it between Trustor and Beneficiary. Ig, preserving or otherwise protecting by Beneficiary under the terms of this This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 5. 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. Trustor warrants that Truster is or will be lawfully seized of the estate conveyed by this Security hlshument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Truster 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, Truster agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Beneficiary any ounces that Truster receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary a 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 Truster to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Truitor's payment. Trustor will defend title to the Property against an ms clai that would impair the lien of this Security Instrument. Trustor agrees to assign to Beneficiary, 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 Seemed Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster 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. Truster aggrrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Traitor will not permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent Trustor will notify 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 Beneficiary'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 specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Truster will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Truster 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 formed. Trustor appoints Beneficiary as attorney in fact to sign Traitor's name or pay any amount necessary for performance. Beneficiary's right to perform for Truster shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Security 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. Truster irrevocably grants, conveys and 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 leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion 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 "). Trustor will promptly provide Beneficiary with true and correct copies of all existing and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Truster 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 Truster's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Truster and Trustor's tenants and make demand that all future Reins be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary any payment of Rents in Truitor's possession and will receive any Rents in trust for Beneficiary and will not commingle the Rents with an 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/tenant law. Truster also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Truster agrees to cam ly with the provisions of any lease if this Security. Instrument is on a leasehold. If the Property includes a unit in a can dommto= or a planned unit development, Trustor will perform all of Truitor's duties under the covenants, by -laws, or regulations of the condominium or planned unit development. (P�u 2 if 4) 01991 Bmkas syslwm.IZ.5I. CIOUd MN (1 -8W397-2341 )Form RE DT 10/L]N] d-C I65)NE) ((9808102