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<br />200600548 <br /> <br />B. All f~ture 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 executed <br />after this Security Instmment whether or not this Security Instrument is specifically referenced. If more than one <br />person signs th.is S.ecurity Instru~ent, each ~mstor agrees that this Security Instrument will secure all future advances <br />and future obligations that are giVen to or lllcurred by anyone or more Tmstor, or anyone or more Trustor and <br />others. All future advances and other future obligations are secured by this Security Instmment even though all or <br />part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of <br />this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or <br />future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. <br />C. All C!bl~gations T~s!~r owes to Beneficiary,. which may late~ arise, to the extent not prohibited by law, including, but <br />not Illlll.tt;d to, l1ab1l1l1es for overdrafts relatmg to any deposit account agreement between Tmstor and Beneficiary. <br />D. All addltlonal SUl~lS advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protecting <br />the Property and Its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br />Security Instrument. <br /> <br />Thi~ S~curity Instmment will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />reSCISSiOn. <br /> <br />5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br />terms of the Secured Debt and this Security Instrument. <br /> <br />6. W A~Y OIi' TITLE. Trustor warrants that Tmstor is or will be lawfully seized of the estate conveyed by this <br />Secunty Instnllnent 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 /> <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, 'I'mstor 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 Tmstor receives from the holder. <br />C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent. <br /> <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. Benef1ciary may require Trustor to provide to Beneficiary <br />copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to <br />the Pro'perty against any claims that would impair the lien of this Security Instrument. Trustor agrees to assign to <br />BeneficIary, as requested by Beneficiary, any rights, claims or defenses Tmstor may have against parties who supply labor <br />or materials to mamtain or improve the Property. <br /> <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 sale <br />of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Instrument is released. <br /> <br />10. PROPERTY CONDITION, ALTERATIONS ANI) INSPECTION. Trustor will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or deterioration of <br />the Property. Tmstor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the <br />occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any <br />change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify <br />Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the Property. <br /> <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 insl?ection. Any inspection of the Property shall be entirely for Beneficiary's benefit and Tmstor <br />will in no way rely on BenefiCIary's inspection. <br /> <br />11. AUTHORITY TOPERli'ORM. If Tmstor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Benefkiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amollnt necessary for performance. Beneficiary's right to perform for <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under the law or this Security Instmment. If any construction on the Property is <br />discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the construction. <br /> <br />12. ASSIGNMENT OF LEASES ANn RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in tmst for the <br />benefit of Benet1ciary, as additional security all the right, title and interest in and to any an~1 all existing or futu~e leas~s, <br />subleases, and any other written or verbal agreements for the Ilse and occupancy of any portiOn of the Property, lllcludlllg <br />any extensions renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues <br />and profits (ad referred to as "Rents"). Trllstor will promptly provide Beneficiary with true ami. corre~t copies of all <br />existmg and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Tmstor IS not 10 default under <br />the terms of this Security Instrument. <br /> <br />Tmstor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and tl~a! Beneficiary is <br />entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to BenefiCiary. However, <br />Beneficiary agrees that only on default will BeneficIary notify Trustor and Tmstor's tenants and make demand tt.~a~ all <br />future Rents he paid directly to Beneficiary. On rec~iving ~otice of defal~lt, Trustor will e.n~orse and ~eliver to Bef.1ehclary <br />any payrpent of Rents in Trustor's possession and wll~ receIve a!lY Rents l~ trus~ for.Bencflc.lary and WIll n~t, coml11IJ1glc the <br />Rents WIth any other funds. Any amounts collected WIll be app\1ed as proVIded l,n thIS Secunty Instrument.. 1 r~stor warral~ts <br />that no default exists under the Leases or any applicable landlord/tenant law. rmstor also agrees to mamtam and reqUIre <br />any tenant to comply with the terms of the Leases and applicable law. <br /> <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. :I'rustor agre~s. to comply. ';Vith the <br />provisions of any lease if this Security Instmment is on a leasehold. If the Property lllcludes a Uillt 111 a condon~llllum ?r a <br />planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulatIOns of the <br />condominium or planned unit development. <br /> <br />Exj5Ein1; 01994 Bankers System<.lnc., St. Cloud. MN Form RE-DT-NF. 1/3D/2002 <br /> <br />.. -C165(NE) 103011 <br />@ <br /> <br />I/- (pa!lf"t rtJ1 <br />-{j. mw- <br /> <br />. <br /> <br />. <br />