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200601807 RE:RECORDEO 2uU602528 5. B. All future. advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Deed of Trust whether or not this Deed of Trust is specifically referred to in the evidence of debt. - C. All obligations Trustor owes to Beneficiary, which now exist or 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 RIld Beneficiary. . D. All adcUtional 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 tpis Deed of Trust, plus interest at the highest rate in effect, from time to time, as provided in the Evidence of Debt. E. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Deed of Trust securing, guarantying, or otherwise relating to the debt. If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will secure all future advances and future obligations described above that are given to or incurred by anyone or more Trustor. or any one or more Trustor and others. This Deed of Trust will not secure any other debt if Beneficiary fails, with respect to such other debt, to make any required disclosure about this Deed of Trust or if Beneficiary fails to give any required notice of the right of rescission. - PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the Evidence of Debt or this Deed of Trust. W ARRANfY OF TITLE. Trustor covenants that Trustor is lawfully seizcd of the estate conveyed by this Deed of Trust and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and warrants that tile Property i~. unencumbered, except for encumbrances of record. CLAIMS 1\.GAlNST :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 Deed of Trust. Trustor agrees to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses which Trustor may have against parties who supply labor or materials to improve or maintain the Property. 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 and that may have priority over this Deed of Trust, 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 make or permit any modification or extension of, and not to request or accept any future advanccs under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless Beneficiary consents in writing. 6. 7. 8. 9., PUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be imniediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of these on the Property. However, if the Property includes Trustor's residence, this section shall be subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the Secured pebt is paid in full and this Deed of Trust is released. . . . ..' .""'.~' _ .........."._ . ..__.l- r,. 10, TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an cntity other than a natural person (such as a corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Trustor is sold or transferred; (2) there is a changc in either the identity or number of members of a partncrship; or (3) there is a ch;mge in ownership of more than 25 percent of the voting stock of a corporation. However, Beneficiary may not demand R~~pent in the above situations if it is prohibited by law as of the date of this Deed of Trust. ~NTITY W~IES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as a corporation or other organization), Trustor makes to Beneficiary the following warranties and representations which shall b~ continuing 8$ long as the Secured Debt remains outstanding: . A. Trustor is an entity which is duly organized and validly existing in the Trustor's state of incorporation (or . ~rganization). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the power .. ~d auttlOrlty to own the Property and to carry on its business as now being conducted and, as applicable, is qual~fiec1 to do so in each state in which Trustor operates. a. _The :exeyut!Oll, d~livery and performance of this Deed of Trust by Trustor and the obligation evidenced by the ~vidence pf .pebt are within the power of Trustor, have becn duly authorized, have received all necessary . govefIlIlleijtal approval, and will not violate any provision of law, or order of court or governmental agency. C. Other t}lan disclosed in writing Trustor has not changed its name within the last ten years and has not used any other tr~~le" fir fictitious name. Without Beneficiary's prior written consent, Trustor docs not and will not use any other na1Il~ <lDd w~U pre~erv~ its existing name, trade names and francl;1ises until the Secured Debt is satisfied. H' ".'."'.y,",'" l.~. P'ROfERTY ~ONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make aU repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply with all legal requirements and restrictiollB, whether public or private, with respect to the use of the Property, Trustor also agrees that the.nature of the occupancy and use will not change without Beneficiary's prior written consent. No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent except that Trustor has the right to remove items of personal property comprising a part of the Property that become worn ~ 0 , 993 Bank",s Systems. Inc.. St. Cloud, MN Form AG/CO-OT-NE 1130/2002 ~.C164(NE) (03071 :1), ~ c?J?