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200600167 B. All future advances from Beneficiary to Tmstor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt executed by Tmstor in favor of Beneficiary executed after this Security Instmment whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Tmstor 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 arc 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 commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Trustor owes to Beneliciary, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating 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 Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this Security Instrument. Thi~ S~curity 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 will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Trustor warrants that Tmstor is or will be lawfully seized of the estate conveyed by this Security Instmment 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, Tmstor 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 Instrumenl. 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 nght 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 INSI)ECTION. 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. 'I'rustor 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. Trustor will not permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Tmstor will noti f y 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 PERJi'ORM. If Tmstor fails to perform any duty or any of the covenants contained in this Security Instmment, Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact to sign Tmstor's name or pay any amount necessary for performance. Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform. will not precl.ude Beneficiary fro~n exercising any of Beneficiary's other rights under the law or this Security Instmment. It any constructIOn on the Prop~rty 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 AN)) RENTS. Tmstor 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~1 all existing or futu~e leas~s, subleases and any other written or verbal agreements for the use and occupancy of any portIOn of the Property, tncludmg any exte~sions, renewals, modifications or substituti.ons of such agree!nents (all ~eferre~ to as "Leases") and ren.ts, issues an~ profits (all referred to as "Rents"). Tmstor w~ll prOl!lptly prOVide BenefiCiary with true and. corre~t copies of all exlsttng and future Leases. Trustor may collect, receive, enJOY and use the Rents so long as Trustor IS not m default under the terms of this Security Instmment. Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Tmst and tha! Beneficiary is entitl<:d. to notify any of Trustor' s tenant~ to make paymen~ .01' ~ents due or to b~come due to Beneficiary. However, BenefiCiary agrees that only on default will BenefiCiary notify 1 mstor and Tmstor.s tenants and ma~e demand tha~ all future Rents be. paid. d!reclly .to Beneficiary. On rec~iving ~lotice of defa~lt, Trustor Will ~n~orse and ~ehver to Bel!eficlary any payment of Rents III Trustor's possessIOn and wII~ receive a!lY Rents I~ trus~ for.Beneflc.wry and Will n~t; c0l11lmngle the Rents with any other funds. Any amounts collected will be applted as proVided lIt thiS Secunty Instrument.. I ~IStor warrar.lts that no default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to mamtam and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINItJMS; PLANNED UNIT IJEVELOPMJi:NTS. :rrustor agre~s. to comply. ';Vith the provisions of any lease if this Security Instrument is on a leasehold. If the Property mcludes a umt m a condom.tnlUtn or a planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulatIOns of the condominium or planned unit development. ~ 0 1994 Benkers Systems. Inc_. 51. Cloud. MN Form RE-DT-NE 1/30/2002 .. -C165(NE) (0301) @ ~paAL4J . .