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200211409 <br />B. All future advances from Beneficiary to Truster or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Truster in favor of Beneficiary executed <br />aRer this Security Instrument whether or not this Security Instrument is specifically referenced. If 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 are given to or incurred by any one or more Truster, or any one or more Trustor and <br />others. All future advances and other future obligations are secured by this Security Instrument even though all or <br />part may not yet be advanced. All future advances and other future obligations are seemed 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 amount. Any such com mimr mutt be agreed to in a separate writing. <br />C. All obligations Truster owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but <br />not limited to, liabilities for overdrafts relating to an deposit account agreement between Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />the Property and its value and any other suns 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 =der the Seemed 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. Truster warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right w irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Truster 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, Truster 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 allow any modification or extension of, nor to request any future advances =der 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 when due. Beneficiary may require Trustor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Truster's payment. Truster will defend title to <br />the Property against my claims that would impair the lien of this Security Instrument Truster agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses Truster may have against parties who supply labor <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 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 impposed by federal law (12 C.F.R. 591), w ap licable. This <br />coverund shall r= with the Properly and shall remain in effect until the Secured Debt is paid in full and this Security <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Truster shall not commit or allow any waste, impairment, or deterioration of <br />the Property. Truster will keep the Property free of noxious weeds and grasses. Trustor agrees that the aware of the <br />occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any <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 Truatoq and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give 'Truster notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Truster <br />will in no way rely on Beneficiary/ s inspection. <br />11. AUTHORITY TO PERFORM. If Truster fails to perform any duty or any of the covenards contained in this Security <br />Instrument, Beneficiary may, without notice, perform or cause them to be performed. 'frustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for <br />Truster shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />an <br />exercising y of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Pro is <br />discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Bene rclrry <br />m 's <br />security interest in the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in bust for the <br />benefit of Beneficiary, as additional security all the right, title and inte'est in and to any and all existing or future leases, <br />subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases') and rents, issues <br />and profits (all referred to as "Rents "). Tmstor will promptly provide Beneficiary with true and correct copies of all <br />existing and future Leases. Tmstor may collect, receive, enjoy and use the Rents so long as Trustor is not in default udder <br />the terms of this Security Instrument. <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />entitled to notify any of Tractor's tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Beneficiary agrees that only on default will Beneficiary notify 'Truster and Truster's tenants and make demand that all <br />future Rents he paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Tractor's possession and will receive any Rents in trust for Beneficiary and will not commingle the <br />Rents with any other funds: Any amounts collected will be applied as provided in this Security Instrument Trustor warrants <br />that no default exists under the Leases or any applicable lanrfmil tenant law. Tmstor also agrees to maintain and require <br />any tenant to comply with the terms of the Lenses and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Truster 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, Truster will perform all of Trustor's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />t <br />© 1994 BmNers Symems. Inc. Bt CIOU6 MN (I- d110.99) -2941) Faint REV -NE IOR]Nr <br />® ®C 165(NE) (9808)02 <br />