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200512335 B. All f~ture advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promIss.ory not~, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary executed after thIS Secunty Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs th.is S.ecurity Instrun""!ent, each l:rustor agrees that this Security Instrument will secure all future advances and future ohhgatlOns that are given to or lI1curred hy 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 are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitrnenl to make additional or future I.oan~ or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All (~bl~gatlOns Tr~s!~r owes to Bene,ficiary,. which may later arise, to the extent not prohibited by law, including, but not hmI.t~d to, lIabilIties for overdrafts relatmg to any deposit account agreement between Trustor and Beneficiary. D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting the P~operty and its value and any other sums advanced and expenses incurred hy Beneficiary under the terms of this Secunty Instrument. Thi~ S.ecurity 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 wiII be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. W ~TY O}' TITLE. Trustor 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 payments when due and to perform or comply with all covenants. B. To promptly deliver to Beneficiary any notices that Trustor 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'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 re9uested 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 right is subject to the restrictions imposed by federal law (12 C.P.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 ANI> INSPECTION. Trustor 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. Trustor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor 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 Trustor will in no way rely on Beneficiary's inspection. 11. AUTHORITY TO PERFORM. If Trustor 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 performed. Trustor appoinls Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform fur Trustor shall not create an obligation to perfurm, and Beneficiary's failure to perform will not prec~ude Beneficiary fro~n 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 RI{NTS. Trustor irrevocably grants, conveys and sells to Trustee, in tmst for the benefit of Beneficiary, as additional security all the right, title and interest in and to any an~ all existing or futu~e leas.es, subleases, and any other written or verbal agreements fur the lIse and occupancy of any portIOn of the Property, lllcludmg 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 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 Trust and tl~a~ 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 noli f y Trust?r and Trustor'.s tenants and ma~e demand t~a~ all future Rents be paid directly to Beneficiary. On rec~iving ,:!otice of deta~lt, Truslor will ~!1~orse and ~eltver to Bel.leflclary any payment of Rents in Trustor's possession and will receive any Rents 111 tmst for Benehcwry and will not commmgle the Rents. with any other. funds. Any amounts collected will be applied as provided in. .this Security Instrument.. Tr~stor warra':!ts that no default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to mamtalll and reqUIre any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANN~D UNIT DEVELOPMENTS. yrustor agre~s. to comply. ~ith the provisions of any lease if this Security Instrument IS on a leasehold. If the Property lllcludes a Ul1lt m a condom.llllUm or a planned unit developmel1t Trustor will, perform all of Trustor's duties under the covenants, by-laws, or regulatIOns of the condominium or planned ~nit development. ~ 0 1994 Bonk"," Systems, Inc.. St. Cloud, MN Form RE-DT-NE 1/3D1t002 . -C165tNEI {0301l ~ C)j-</P8;6-:J)'!i' . .