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<br />200802719 <br /> <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under <br />any promissory note, contract, guaranty, or other evidence of debt eXisting now or executed after this Deed <br />of Trust whether or not this Deed of Trust is specifically referred to in the evidence of debt. <br />C. All obligations Trustor owes to Beneficiary, which now exist or may later arise, to the extent not prohibited <br />by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement <br />between. Trustor and Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise <br />protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary <br />under the terms of this Deed of Trust, plus interest at the highest rate in effect, from time to time, as <br />provided in the Evidence of Debt. <br />E. Trustor's performance under the terms of any instrument evidencing a debt by Trustor to Beneficiary and <br />any Deed 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 <br />all future advances and future obligations described above that are given to or incurred by anyone or more Trustor, <br />or anyone or more Trustor and others. This Deed of Trust will not secure any other debt if Beneficiary fails, with <br />respect to such other debt, to make any l~equired disclbsure about this Deed of Trust or if Beneficiary fails to give <br />any required notice of 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 <br />terms of the 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 <br />Trust and has the right to irrevocably grant, convey and sell to Trustee, in trust, with power of sale, the Property and <br />warrants 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 <br />rents, utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to <br />Beneficiary copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor <br />will defend title to the Property against any claims that would impair the lien of this Deed of Trust. Trustor agrees <br />to assign to Beneficiary, as requested by Beneficiary, any rights, claims or defenses which Trustor may have against <br />parties who supply labor or 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 <br />lien document that created a prior security interest or encumbrance on the Property and that may have priority over <br />this Deed of Trust, Trustor.agrees: ! <br />A. To make all payments when due aI).d to perform or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that 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 <br />under any note or agreement secured by, the other mortgage, deed of trust or security agreement unless <br />Beneficiary consents in writing. <br /> <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured <br />Debt to be immediately due and payable upon the creation of any lien, encumbrance, transfer, or sale, or contract <br />for any of these on the Property. However, if the Property includes Trustor's residence, this section shall be subject <br />to the restrictions imposed by federal law (12 C.F.R~ 591), as applicable. For the purposes of this section, the term <br />"Property" also includes any interest to all or any part of the Property. This covenant shall run with the Property and <br />shall remain in effect until the Secured Debt is paid in full and this Deed of Trust is released. <br /> <br />10. TRANSFER OF AN INTEREST IN THE TRUSTOR. If Trustor is an entity other than a natural person (such as a <br />corporation or other organization), Beneficiary may demand immediate payment if (1) a beneficial interest in Trustor <br />is sold or transferred; (2) there is a change in either the identity or number of members of a partnership or similar <br />entity; or (3) there is a change in ownership of more than 25 percent of the voting stock of a corporation or similar <br />entity. However, Beneficiary may not demand payment in the above situations if it is prohibited by law as of the date <br />of this Deed of Trust. <br /> <br />11. ENTITY WARRANTIES AND REPRESENTATIONS. If Trustor is an entity other than a natural person (such <br />as a corporation or other organization), Trustor makes to Beneficiary the following warranties and representations <br />which shall 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 />organiiatiOll). Trustor is in good standing in all states in which Trustor transacts business. Trustor has the <br />power and authority to own the Property and to carry on its business as now being conducted and, as <br />applicable, is qualified to do so in each state in which Trustor operates. <br />B. The executi(')n, delivery and performance of this Deed of Trust by Trustor and the obligation evidenced by <br />the 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 than disclosed in writing Trustor has not changed its name within the last ten years and has not used any <br />other trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any <br />other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied. <br /> <br />12. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good <br />condition and make all repairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss <br />or damage to the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor will not <br />initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or <br />private restriction limiting or defining the uses which may be made of the Property or any part of the Property, <br />without Beneficiary's prior written consent. Trustor will notify Beneficiary of all demands, proceedings, clainls, and <br />actions against Trustor or any other owner made under law or regulation regarding use, ownership and occupancy <br />of the Property. Trustor will comply with all legal requirements and restrictions, whether public or private, with <br />respect to the use of the Property. Trustor also agrees that the nature of the occupancy and use will not change <br />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 <br />consent except that Trustor has the right to remove items of personal property comprising a part of the Property <br />that become worn or obsolete, provided that such personal property is replaced with other personal property at <br />least equal in value to the replaced personal property, free from any title retention device, set1tlcurity agreement or <br /> <br />page 20'6 <br /> <br />@1993 Bankers Systems, Ino.. St. Cloud, MN (1-800-397-2341) Form AGlCO-DT-NE 10130197 <br />