Laserfiche WebLink
<br />'. <br /> <br />'- . <br /> <br />200810109 <br /> <br />B. All future advances from Beneficiary to. Trustor or ather future abligatians af Trustor to. Beneficiary under any <br />promissary nate. cantract, guaranty, or ather evidence af debt executed by Trustor in favar af Beneficiary executed <br />after this Security Instrument whether or nat this Security Instrument is specifically referenced. If mare than ane <br />persan signs this Security Instrument, each Trustar agrees that this Security Instrument will secure all future advances <br />and future abligatians that are given to. ar incurred by any ane ar mare Trustar, ar any ane ar more Trustar and <br />athers. All future advances and ather future abligatians are secured by this Security Instrument even thaugh all ar <br />part may nat yet be advanced. All future advances and ather future abligatians are secured as if made an the date af <br />this Security Instrument. Nathing in this Security Instrument shall canstitute a cammitment to. make additianal or <br />future laans ar advances in any amaunt. Any such cammitment must be agreed to. in a separate writing. <br />C. All abligatians Trustar awes to. Beneficiary, which may later arise, to. the extent nat prohibited by law, including, but <br />nat limited to., liabilities for averdrafts relating to. any depasit accaunt agreement between Trustar and Beneficiary. <br />D. All additianal sums advanced and expenses incurred by Beneficiary far insuring, preserving ar atherwise pratecting <br />the Property and its value and any ather sums advanced and expenses incurred by Beneficiary under the terms af this <br />Security Instrument. <br /> <br />Thi~ S.ecurity Instrument will nat secure any ather debt if Beneficiary fails to. give any required natice af the right af <br />reSClSSlOn. <br /> <br />5. PAYMENTS. Trustar agrees that all payments under the Secured Debt will be paid when due and in accardance with the <br />terms af the Secured Debt and this Secunty Instrument. - <br /> <br />6. WARRANTY OF TITLE. Trustar warrants that Trustar is ar will be lawfully seized af the estate canveyed by this <br />Security Instrument and has the right to. irrevacably grant, canvey, and sell the Property to. Trustee, in trust, with pawer af <br />sale. Trustar alSo. warrants that the Praperty is unencumbered, except for encumbrances af recard. <br /> <br />7. PRIOR SECURITY INI:EREST~. ~ith regard to. any ather martgage, deed af trust, security agreement ar ather lien <br />dacument that created a pnar secunty mterest ar encumbrance an the Property, Trustar agreeS: <br />A. To. make all pa~ments when due and to. perfarm or camply with all cavenants. <br />B. To. pramptly deliver to. Beneficiary any na~ices that Trustar receives from the halder. <br />C. Nat to. allaw any madificatian or extenslOn af, nor to. reguest any future advances under any nate aragreement <br />secured by the lien dacument withaut Beneficiary's prior wntten consent. <br /> <br />8. CLAIMS AGAiNST TITLE. Trustar will pay all taxes, assessments, liens, encumbrances, lease payments, graund rents, <br />utilities, and ather charges relating to. the Praperty when due. Beneficiary may require Trustor to. provide to. Beneficiary <br />capies af all natices that such amaunts are due and the receipts evidencing Trustar's payment. Trustar will defend title to. <br />the Property against any claims that wauld impair the lien af this Security Instrument. Trustar agrees to. assign to. <br />Beneficiary, as requested by Beneficiary, any rights, claims Dr defenses TrustDr may have against parties who. supply labor <br />Dr materials to' mamtain Dr Improve the Property. <br /> <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its aptian, declare the entire balance Df the Secured Debt to. <br />be immedia.tely du~ and payable upDn the creatian af, transfer ar sale .af all ar ~y part Df the PrDperty. .This right is subject <br />to. the restnctlans ImpDsedby federal law (12 C.P.R. 591), as apphcable. ThiS CDvenant shall run With the Property and <br />shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. <br /> <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustar will keep the PrDperty in gDDd CDnditian and <br />make all repairs that are reasanably necessary. TrustDr shall nDt commit Dr allaw any waste-, impairment, Dr deteriaratian af <br />the Property. Trustor will keep the PrDperty free af naxiaus weeds and grasses. Trustar agrees that the nature af the <br />accupancy and use will nDt substantially change withDut Beneficiary's prior written cansent. TrustDr will nDt permit any <br />change in any license, restrictive cavenant ar easement WithDut Beneficiary's prior written CDnsent. Trustar will natify <br />Beneficiary af all demands, prDceedings, claims, and actians against TrustDr, and af any lass Dr damage to' the Property. <br /> <br />Beneficiar:y ar Beneficiary's agents may, at Beneficiary's aptian, enter the PrDperty at any reasanable time fDr the ,eurpase <br />Df inspectmg the Property. Beneficiary shall give Trustor natice at the time af or befDre an inspectiDn specifying a <br />reasDnable purpDse fDr the insI?ectiDn. Any inspectian af the Property shall be entirely for Beneficiary's benefit and TrustDr <br />will in no. way rely Dn Beneficiary's inspectiDn. <br /> <br />11. AUTHORITY TO PERFORM. If Trustor fails to' perfDrm any duty or any Df the cavenants cantained in this Security <br />Instrument, Beneficiary may, WithDut nDtice, perfarm Dr cause them to. be perfDrmed. Trustor aRP~ints Beneficiary as <br />attarney in fact to' sign Trustor's name Dr pay any amaunt necessary fDr perfarmance. Beneficiary s nght to' perfarm for <br />Trustar shall nDt create an Dbligatian to. perfDrm, and Beneficiary's failure to. perfDrm will nat preclude Beneficiary from <br />exercising any af Beneficiary's Dther rights under the law ar this Security Instrument. If any cDnstructian an the Prap~rty is <br />discantinued Dr nat carried Dn in a reasanable manner, Beneficiary may take all steps necessary to. protect BenefiCiary's <br />security interest in the PrDperty, including completian Df the constructian. <br /> <br />12. ASSIGNMENT OF LEASES AND RENTS. TrustDr irrevacably assigns, grants and cDnveys, to' Trustee, in trustfDr the <br />benefit Df Beneficiary as additianalsecurity all the right, title and interest in the fallDwing (all referred to' as Property): <br />existing or future leases, subleases, licenses, guaranties and any Dther written ar verbal agreements fDr the use and <br />Dccupancy af the PrDperty, including any extensians, renewals, madificatiDns or replacements (all ref~rred to. a~ Leases); <br />and rents, issues and profitS (all referred to' as Rents). In the evel1;t any item listed asLe~es Dr Rents IS de~ermmed .t~ be <br />persDnal prDperty, this Assignment will also. be regarded as a secunty agreemen~. TrustDr ~11.1 promptly p~Dvlde Ben~flclary <br />with copies af the Leases and will certify these Leases are true an~ carrect. capl~s. The eXlstmg Leases Will ~e provld~ an <br />executiDn Df the Assignment, and all future Leases and any Dther mfafI!1atlOn With respect to. these Leases Will be prDvld~ <br />immediately after they are executed. TruStDr may cDllect, receive, enJDY and use the Rents sa IDng as TrustDr IS nat m <br />default. <br /> <br />UpDn default, Trustor will receive any Rents in trust fDr Beneficiary and will nat cammingle the R~nts with any.ather <br />funds. TrustDr agrees that th~s Securi~y Instrument is immediately .effect~ve betw~e~ Trustar and BenefiCiary and effectIve as <br />to. third parties an the recordmg Df thiS ASSignment. As lang as thiS ASSignment Ism effect, Trustor wa~rants and represents <br />that no. default exists under the Leases, and the parties subject to. the Leases have nat vlOlated any apphcable law an leases, <br />licenses and landlards and tenants. ' <br /> <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. !rustar agre~s. to. comply. ~ith the <br />prDvisiDns af any lease if this Security. Instrument is an a leasehDld. If the Property mcludes a Untt m a cDndDl11!ntUm Dr a <br />planned unitdevelDpment, TrustDr Will perfDrm all af TrustDr's duties under the cDvenants, by~laws, or regulatlOns af the <br />condDminium or planned unit develDpment. - <br /> <br />(page 2 of 4) <br /> <br />01994 Wolte'. Kluwer Financial Services. Bankers Svstem.TI.. Form RE-DT-NE 12115/2006 <br />VM P @-C165(NE) (D7081 <br />