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<br />200700124 <br /> <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Benef!.ciary under any <br />promissory note, contract, guar8D;ty, or .other evidence of .debt exi~ing now or executed after this Deed of Trust <br />whether or not this Deed of Trust 1S specifically referred to ill the eVldence of debt. . . <br />C. All obligations Trustor owes to Beneficiary, which now exis! or may later an~e, to the extent not prohiblted by law, <br />including, but not limited to, liabilities for overdrafts relatmg to any deposlt account agreement between Trustor <br /> <br />and Beneficiary.., . . . <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preservmg. or otherw1se protectmg <br />the Property and its value and any other ~ advan~d and expense~ incurr~d by Benefi~1ary ~der the. terms of <br />this Deed of Trust, plus interest at the highest rate ill effect, from hme to tune, as provlded m the EV1dence of <br /> <br />Debt. <br />E. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and any Deed <br />of Trust securing, guarantying, or otherwise relating to the debt. <br /> <br />If more than one person signs this Deed of Trust as Trustor, each Trustor agrees that this Deed of Trust will secure all <br />future advances and futuIe obligations described above that are given to or incurred by anyone or more Trustor, or any <br />one or more Trustor and others. This Deed of Trust willllOt secure any other debt if Beneficiary fails, with respect to such <br />other debt, to make any required disclosure about this Deed of Trust or if Beneficiary fails to give any required notice of <br />the right of rescission. <br /> <br />5. PAYMENTS. Trustor agrees to make all payments on the Secured Debt when due and in accordance with the terms of the <br />Evidence of Debt or this Deed of Trust. <br /> <br />6. WARRANTY OF TITLE. Trustor covenants that Trustor is lawfully seized of the estate conveyed by this Deed of Trust <br />and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and warrants <br />that the Property is unencumbered, except for encumbrances of record. <br /> <br />7. 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. Beneficiary 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 Property against any claims that would impair the lien of this Deed of Trust. Trustor agrees to assign to Beneficiary, as <br />requested by Beneficiary, any rights, claims or defenses which Trustor may have against parties who supply labor or <br />materials to improve or maintain the Property. <br /> <br />8. 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 and that may have priority over this Deed <br />of Trust, Trustor 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 iliat Trustor receives from the holder. <br />C. Not to make or permit any modification or extension of, and not to request or accept any future advances under any <br />note or agreement secured by, the other mortgage, deed of trust or security agreement unless Beneficiary consents in <br />writing. <br /> <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare ilie entire balance of the Secured Debt to <br />be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract for any of iliese <br />on ilie Property. However, if ilie Property includes Trustor's residence, this section shall be subject to the restrictions <br />imposed by federal law (12 C.F.R. 591), as applicable. For the purposes of this section, the term "Property" also includes <br />any interest to all or any part of the Property. This covenant shall run with the Property and shall remain in effect until the <br />Secured Debt is paid in full and this Deed of Trust is released. <br /> <br />10. TRANSFER OF AN INTEREST IN THE GRANTOR. If Trustor is an entity other ilian a natural person (such as a <br />corporation or oilier organization), Beneficiary may demand inlmediate payment if (1) a beneficial interest in Trustor is <br />sold or transferred; (2) iliere is a change in eiilier ilie identity or number of members of a partnership; or (3) there is a <br />change in ownership of more ilian 25 percent of the voting stock of a corporation. However, Beneficiary may not demand <br />payment in the above situations if it is prohibited by law as of the date of this Deed of Trust. <br /> <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. If Trostor is an entity other than a natural person (such as a <br />corporation or oilier organization), Trustor makes to Beneficiary the following warranties and representations which shall <br />be continuing as long as the Secured Debt remains outstanding: <br />A. Trustor is an entity which is duly organized and validly existing in the Trustor's state of incorporation (or <br />organization). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the power <br />and authority to own the Property and to carry on its business as now being conducted and, as applicable, is <br />qualified to do so in each state in which Trustor operates. <br />B. The execution, delivery and performance of this Deed of Trust by Trustor and the obligation evidenced by the <br />Evidence of Debt are within the power of Trustor, have been duly authorized, have received all necessary <br />governmental approval, and will not violate any provision of law, or order of court or governmental agency. <br />C. Other ilian disclosed in writing Trustor has not changed its name within the last ten years and has not used any other <br />trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any other <br />nanre and will preserve its existing name, trade nanres and franchises until ilie Secured Debt is satisfied. <br /> <br />12. PROPERTY CONDmON, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage to <br />ilie Property. Trustor will keep ilie Property free of noxious weeds and grasses. Trustor will not initiate, join in or consent <br />to any change in any private restrictive covenant, zoning ordinance or other public or private restriction limiting or <br />defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written <br />consent. Trustor will notify Beneficiary of all demands, proceedings. claims, and actions against Trustor or any oilier <br />owner made under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply with all <br />legal requirements and restrictions. whether public or private, with respect to the use of the Property. Trustor also agrees <br />that the nature of the occupancy and use will not change without Beneficiary's prior written consent. <br /> <br />No portion of the Property will be removed, demolished or materially altered without Beneficiary's prior written consent <br />except that Trustor has the right to remove items of personal property comprising a part of the Property that become worn <br /> <br />~01 SS3 !lonkers svneme. Ine.. 51. Cloud, MN Form AG/CO.OT.NE 1130/2002- <br /><!It-C164{NEII03071 <br /> <br />C-07-01-000080 <br />~"jM jJ~ <br />