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200909021 <br />B. All future advances from Beneficiary to Trustor or other ful <br />promissory note, contract, guaranty, or other evidence of debt <br />after this Secvnty Instrument whether or not this Security In <br />person signs this Security Instrument, each Trustor agrees that 1 <br />and future obligations that are given to or incurred by any of <br />others. All future advances and other future obligations are se <br />part may not yyet be advanced. All future advances and other fi <br />thts Security Instrtuanent. Nothing in this Security Instrument <br />future loans or advances in any amount. Any such commttment <br />C. All obligations Trustor awes to Beneficiary, which may later al <br />not linnited to, liabilities for overdrafts relating to any deppoosit a <br />D. All additional sums advanced and expenses incurred by Benef <br />the Property and its value and any other sums advanced and e~ <br />Security Instrument. <br />This Security Instrument will not secure any other debt if Benefit <br />rescission. <br />5. PAYMENTS. Trustor agrees that all payments under the Secured L <br />terms of the Secured Debt and this Secunty Instrument. <br />;obligations of Trustor to Beneficiary under any <br />ecuted by Trustor in favor of Beneficiary executed <br />anent is specifically referenced. If more than one <br />I Security Instrument will secure all future advances <br />or more Trustor, or any one or more Trustor and <br />red b this Security Instrument even though all ar <br />re obligations are secured as if made an the date of <br />all constitute a commitment to make additional or <br />tst be agreed to in a se orate writing. <br />:, to the extent not prohibited by law, including, but <br />punt agreement between Trustor and Beneficiary.. <br />u}' for insuring, preserving ar otherwise protecting <br />uses incurred by Beneficiary under the terms of thts <br />fails to give any required notice of the right of <br />will be paid when due and in accordance with the <br />6. WARRANTY' OF TITLE. Trustor warrants that Trustor is or wi~l be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, an sell the Property to Trustee, in trust, rvtth power of <br />sale. Trustor also warrants that the Property is unencumbered, except or encumbrances of record. <br />9. PRIOR SECURITY INTERESTS. With regard to any other mart age, deed of trust, security agreement or other lien <br />document that created a prior security interest or encumbrance on the roperty, 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 that Trustor rece ves from the holder. <br />C. Nnt to allow any modification or extension of, nor to rec~ue t any future advances under any note or agreement <br />secured by the lien document without Beneficiary's prior wntte consent. <br />S. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments <br />utilities, and other charges relating to the Property when due. Bene <br />copies of all notices that such amounts are due and the receipts evidt <br />the Property against an claims that would impair the lien of th <br />Beneficiary, as requested by Beneficiary, any rights, claims or defers: <br />or materials to rxiaintain or tmprove the Property. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its opi <br />be immediately due and payable upon the creation of, pr contract fat <br />of the Property. This right is sub}ect to the restrictions imposed 1 <br />covenant shall run with the Property and shall remain in effect urn <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION <br />make all repairs that are reasonably necessary. Trustor shall not wmr <br />the Property. Trustor will keep the Property free of noxious weer <br />occupancy and use will not substantially change without Beneficiar} <br />than a in any license, restrictive covenant or easement without Be <br />Beneficiary of all demands, proceedings, claims, and actions against <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, ent <br />of inspecting the Property. Beneficiary shall give castor notice <br />reasonable purpose for the ins~ectian. Any inspection of the Propert} <br />will in na way rely on Beneficiary s inspection. <br />11. <br />12. <br />13. <br />liens, encumbrances, lease payments, ground rents, <br />nary may require Trustor to provide to Beneficiary <br />;ing Trustor's payment. Trustor will defend title to <br />Security Instrument. Trustor agrees to assign to <br />Trustor may have against parties who supply labor <br />n, declare the entire balance of the Secured Debt to <br />creation of, any lien, encumbrance, transfer ar sale <br />federal law (12 C.F.R. 591), as applicable. 'T'his <br />the Secured ebt is paid in full and this Security <br />Trustor will keep the Property in good condition and <br />it or allow any waste, impairment, or deterioration of <br />and grasses. Trustor agrees that the nature of the <br />s pprior written consent. Trustor will not permit any <br />leficiary's prior written consent. Trustor will notify <br />castor, and of any lass or damage to the Property. <br />r the Property at any reasonable time for the purpose <br />t the time of or before an inspection specifying a <br />shall be entirely for Beneficiary's benefit and Trustor <br />AUTHORITY TO PERFORM. If Trustor fails to perform any d y or any of the covenants centained in this Security <br />Instrument, Beneficiary may, without notice, perform or cause th to be erfarmed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustvr's name or pay any amount necessar for performance. Beneficiary s right to pperform for <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under the law yr this 'ty Instrument. If any construction on the Property is <br />discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the canstru ion. <br />ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably ants, conveys and sells to Trustee, in trust for the <br />benefit of Beneficiary, as additional security all the right, title and ' retest in and to any and all existing or future leases, <br />subleases, and any other written or verbal agreements far the use an occupancy of any portion of the Property, including <br />any extensions, renewals, modifications or substatutivns of such agr cots (all referred to as "Leases") and rents, issues <br />and profits (all referred to as "Rents"). Trustor will promptly pr vide Henefic3ary with true and correct copies of all <br />existing and future Leases. Trustor tray collect, receive, enjoy and se the Rents so long as Trustor is oat in default under <br />the terms of this Security Instrument. <br />Trustor acknowledges that this assignment is perfected upon the re rding of this Deed of Trust and that Beneficiary is <br />entitled to notify any of Trustor's tenants to make payment of nts due or to become due to Beneficiary. However, <br />Beneficiary agrees that only on default will Beneficiary notify Tr star and Trustar's tenants and make demand that all <br />future Rents be paid directly to Beneficiary. On receiving notice of efault, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Trustor's possession and will receive any R nts in trust for Beneficiary and will not commingle the <br />Rents with any other funds. Any amounts collected will be applied provided in this Security Instrument. Trustor warrants <br />that no default exists under the Leases or any applicable landlord/t Want law. Trustor also agrees to maintain and require <br />any tenant to comply with the terms of the Leases and applicable law <br />LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DE LOPMENTS. Trustor agrees to com ly with the <br />provisions of any lease if this. Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a <br />planned unit development, Trustor will perform all of Trustor's du es under the covenants, by-laws, or regulations of the <br />cendominium or planned unit development. <br />" Q 1 B9a Bankers Sysieme, Inc., 8t. Cloud, M N Form FiE~T-NE 1/301~Q02 <br />~C185(NF,I ~oaot) <br />`~ ~ a) <br />loan Number08.11-OOt104fi <br />