Laserfiche WebLink
<br />. . <br /> <br />200710396 <br /> <br />insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, <br />which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, <br />Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br />Property according to the terms of this Security Instrument. <br /> <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard <br />"mortgage clause" and, where applicable, "loss payee clause." Trustor shall immediately notify <br />Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold the <br />policies and renewals. If Beneficiary requires, Trustor shall immediately give to Beneficiary all <br />receipts of paid premiums and renewal notices. Upon loss, Trustor shall give immediate notice to the <br />insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by <br />Trustor. <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair <br />of the Property or to the Secured Debt, whether or not then due, at Beneficiary's option. Any <br />application of proceeds to principal shall not extend or postpone the due date of the scheduled payment <br />nor change the amount of any payment. Any excess will be paid to the Trustor. If the Property is <br />acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage <br />to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt <br />immediately before the acquisition. <br /> <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, <br />deliver, and file any additional documents or certifications that Beneficiary may consider necessary to <br />perfect, continue, and preserve Trustor's obligations under this Security Instrument and Beneficiary's <br />lien status on the Property. <br /> <br />6. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to <br />Trustee, in trust for the benefit of Beneficiary as additional security all the right, title and interest in <br />the following (all referred to as "Property"): existing or future leases, subleases, licenses, guaranties <br />and any other written or verbal agreements for the use and occupancy of the Property, including any <br />extensions, renewals, modifications or replacements (all referred to as "Leases"); and rents, issues and <br />profits (all referred to as "Rents"). In the event any item listed as Leases or Rents is determined to be <br />personal property, this Assignment will also be regarded as a security agreement. Trustor will <br />promptly provide Beneficiary with copies of the Leases and will certify these Leases are true and <br />correct copies. The existing Leases will be provided on execution of the Assignment, and all future <br />Leases and any other information with respect to these Leases will be provided immediately after they <br />are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in <br />default. <br /> <br />Upon default, Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents <br />with any other funds. Trustor agrees that this Security Instrument is immediately effective between <br />Trustor and Beneficiary and effective as to third parties on the recording of this Assignment. As long <br />as this Assignment is in effect, Trustor warrants and represents that no default exists under the Leases, <br />and the parties subject to the Leases have not violated any applicable law on leases, licenses and <br />landlords and tenants. <br /> <br />7. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate <br />conveyed by this Security Instrument and has the right to irrevocably grant, convey, and sell the <br />Property to Trustee, in trust, with power of sale. Trustor also warrants that the Property is <br />unencumbered, except for encumbrances of record. <br /> <br />8. DUE ON SALE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be <br />immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of <br />all or any part of the Property. This right is subject to the restrictions imposed by federal law <br />(12 C.F.R. 591), as applicable. <br /> <br />(page 4 of 9) <br /> <br />@1994 Wolters Kluwer Financial Services - Bankers Systems'" Form USAAHEDT-NE 6/15/2007 <br />