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200512170 B. All f~ture advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any pronussory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by anyone or more Trustor, or anyone or more Trustor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations arc secured as if made on the date of this Security Instmment. Nothing in this Security Instrument shall constitute a commitment to make additional or future l?an~ or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obltgatlOns Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, including, but not limi.t~d to, liabilities for overdrafts relati1.lg to any deposit ~c<?ount ag~eem~nt between Trustor and Bl?neficiary.. D. All additional SU~lS advanced and expenses mcurred by Beneficiary for msunng, preservmg or otherwise protectmg the Property and Its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. Thi~ S.ecurity Instmment will not secure any other debt if Beneficiary fails to give any required notice of the right of reSCISSIOn. 5. PAYMENTS. Tmstor 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 Secunty Instmment. 6. W ~ANTY OF TITLE. Tmstor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Secunty Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor 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, Trustor agrees: A. To make all pay~ents when du!'l and to perform or comply with .all covenants. B. To promptly deliver to BeneficIary any notices that Tmstor receives from the holder. C. Not to allow any moditication or extension of, nor to request any future advances under any note or agreement secured by the lien document without Beneficiary's 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 Trustor to provide to Beneficiary copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to the Property against any claims 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 mamtain or Improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured 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 fight 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. Tmstor 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. Tmstor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Tmstor will not permit any change in any license, restrictive covenant or casement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and actions against Tmstor, 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 insl?ection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Tmstor will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Tmstor fails to perform any duty or any of the covenants contained in this Security Instnllnent, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for Tmstor 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 constmction 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 constmction. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Tmstee, in tmst 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 tme and correct copies of all existmg and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor 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 Tmst and tha~ Beneficiary is entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that only on default will Beneficiary notify Trustor and Tmstor's tenants and make demand tha~ all future Rents be paid directly to Beneficiary. On receiving notice of default, Tmstor will endorse and deliver to BeneficIary any payment of Rents in Tmstor's possession and will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other funds. Any amounts collected will be applicd as provided in this Security Instrument.. Tr~stor warra[,lts that no default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to mallltam and reqmre any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS' CONDOMINIUMS. PLANNED UNIT DEVELOPMENTS. Tmstor agrees to comply with the provisions of any lease if this Security 'Instmment is on a leasehold. If the Property includes a unit in a eondo~nium or a planned unit development, Tmstor will perform all of Tmstor's duties under the covenants, by-laws, or regulatIOns of the condominium or planned unit development. ~ 0 1994 Bankers Systems, Inc.. SI. Cloud, MN Form Ro DT-No 1/30/2002 4G -C165(NE) 10301) . @ WK (page 2 of 4) . .