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2002134IG6 <br />B. All future advances from Beneficiary to Truslnr er other future obligations of 'truster 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 Instrmnerd whether nr 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 Trusmr, or any one or more Trustor and others. All <br />future advances and other future obligations are secured by this Security Instrument even though all or pan may not <br />yet be advanced. All future advances and other future obligations are severed 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 conuninnent must be agreed to in a separate writing. <br />C All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibimd by law, including, <br />but not limited to, liabilities for overdrafts relating to any deposit account agreement between Truster and <br />Beneficiary. <br />D_All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />lire Property and its value and any other stairs 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 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. Trustor warrants that Trustor is ur will he lawfully seized of the estate conveyed 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 Trustor 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 oa the Property, Trustor agrees <br />A. To make all payments when due and to pedorra or comply with all covenants. <br />B. to promptly deliver to Beneficiary any notices that Tmstor receives from the holder. <br />C Not m allow any modification or extension of, nor to request any future advances under any note or agreement <br />secured by the lien docernent without Beneficiary's prior written consent. <br />S. CLAIMS AGAINST TITLE. 'Prosier will pay all taxes, assessments, liens, encumbrances, lease payrents, ground rears, <br />utilities, and other charges relating U the Propeny when due. Beneficiary may require 'Tmstor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Trustnr's payment Trustor will defend title to <br />the Property against any claims that would impair the lien of this Security Instmmear. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, clainhs or defenses Trustor may have against parties who supply labor <br />or materials to maintain or improve the Property. <br />9. DIE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt b, <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 C -F -R. 591), as applicable. 'Phis <br />covenant shall tun with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Ins[tuntent is released. <br />10. PROPERTY CONDMON, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Truslnr shall not commit or allow any waste, impairment, or <br />deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the <br />nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor wilt not <br />permit any change in any license, restrictive covenant or casement without Beneficiary's prior written cement. Tmstor will <br />notify Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the <br />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 'Tmstor 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 <br />'Tmstor will in no way rely on Beneficiary's inspection. <br />H. AUTHORITY TO PERFORM. If 'Tmstor 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. Tmstor appoints Beneficiary as <br />attorney in fact to sign Irustor's name of pay any amount necessary for performance. Beneficiary's right in perform for <br />Trustor shall nor create an obligation to perform, and Beneficiary's failure to perfnmm will net preclude Beneficiary from <br />exercising any of Beneficiary's ether right, under the law or this Security Instrument. If any construction on the Property <br />is disc enlinuW or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's <br />security interest m the Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grams and conveys, to '1'mstee, in trust for time <br />benefit of Beneficiary as additional security all the right, title and interest in the following (all referred to as Property): <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 (all referred to as Lean ); <br />and rents, issues and profits (all referred to as Rears). In the event any item listed as Leases or Rears is determined to be <br />personal property, this Assignment will also be regarded as a security agreement. Trustor will promptly provide <br />Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be <br />provided on execution of the Assignment, and all future Leases and any other infomhatien with respect to these Leases will <br />be provided immediately after they are executed. Trustor may collect, receive, enjoy and use tlieRents'. s i long as Truster <br />is net in default <br />Upon default, Trustor will receive any Rears in trust for Beneficiary and will not eonnninghe the Rents with any other <br />funds. Tmstor agrees that this Security Instrument is innnelutety effective between Trustor and Beneficiary and effective <br />as to third panics on the recording of this Assignment. As long as this Assignment is in effect, Trustor warrants and <br />represents that no default exists under the Leases, and the parries subject to the Leases have nut violated any applicable law <br />on It.", licenses and landlords and tenants, <br />13. LEASEHOLDS; CONDOMTNIITMS; PLANNED UNIT DEVELOPMENTS. Trusmr 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 />condonmimuni or planned Unit development. <br />M�, /rn3 <br />OU6 orm nP. era <br />r.., o,� Z 1996 dzukerc Sy¢bm¢, Inc., St CI MN F flE nT NE 1/302003 /' 1 W <br />