Laserfiche WebLink
200213200 <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 after this <br />Security Instrument whether or not this Security Instmmem 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 arc given m or incurred by any one or more Trustor, or any one or more 'Tmstor and others. All <br />future advances and other future obligations arc secured by this Security Instrument even,lhougb all or part may not <br />yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security <br />Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or <br />advances in any 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 trot prohibited by law, including, <br />but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and <br />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 ibis <br />Security Instrument. <br />This Security tnatrmem 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 />terns of the Secured Debt and this Security Instrument. <br />6. WARRANTY OF TITLE. Tmstor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right in irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Tmstor 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, 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 I color receives from the holder. <br />C. Not to allow any modification or extension of, nor to request any Curare advances under any note Of 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 doe and the receipts evidencing Trustrr's payment. Trustor will defend title to <br />the Property against any claims Ito would impair the lien of this Security Instrument. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor 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 <br />sale of the Property. This right is subject to the restrictions imposed by federal law (12 CPR. 591), as applicable. 'This <br />covenant shall ran with the Property 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. Trustor will keep the Property in good condition <br />and make all repairs that ate reasonably necessary. Trustor shall not commit or allow any waste, impairment, or <br />deterioration of the Property_ Trustor will keep the Property free of anxious weeds and grasses_ Trustor agrees that the <br />mature of the occupancy and use will not substantially change without Beneficiary's prior written consent _ Trustor will not <br />permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will <br />notify Beneficiary of all demands, proceedings, claims, and actions against 'Tmstor, and of any loss or damage to the <br />Property. <br />Beneficiary or Beneficiary's agents may, al Beneficiary's option, enter the Property a any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the lime 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 <br />Trustor will in no way 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 may, without notice, perform or cause them to be performed_ Trustor appoints Beneficiary as <br />attorney in fact to sign Trusmi s name or pay any amount necessary for performance_ Beneficiary's right to perform for <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perfom will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property <br />is discontinued or not carried on in a reasonable manner, Beneficiary may 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 inrevocably assigns, grants and conveys, to'Tmstee, in trust for the <br />benefit of Beneficiary as additional security all the right, title and interest in the following (all referred to as Properly): <br />existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and <br />occupancy of the Property, including any extensions, renewals, modifications or replacements (a0 referred m as Leases); <br />and rents, issues and profits (all referred to as Rents). In the event any item listed as Leases or Rents is deteninned to be <br />Personal property, this Assignment will also be regarded as a security agreement. Tmstor will promptly provide <br />Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will he <br />provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will <br />be provided immediately after they am executed. 'Trustor may collect, receive, enjoy and use the Rents so long as 'Trustor <br />is not in default. <br />Upon default, Truster will receive any Rem in trust for Beneficiary and will not commingle the Rents with any other <br />funds. Trustor agrees that this Security Instrument is immediately effective between Trustor and Beneficiary and effective <br />as to third parties on the recording of this Assignment. As long as this Assignment is in eDeel, Tmstor warrants and <br />represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law <br />on leases, licenses and landlords and tenants. <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, Tmstor will perform all of I orator's duties under the covenants, by -laws, or regulations of the <br />condominium or planned unit development. <br />(page 2 of 4) <br />01996 9anFers SMam¢. Irc., St Cl—d,.. 1— Fa fo of 1/30/0003 <br />