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201003827 <br />$. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, cnntract, guaranty, or other evidence of debt executed by Trustor. in favor of Beaeficiary after this <br />Security Instrument whether or not this Security Instrument is specifically referenced. If more thaa one person signs <br />this Security Instrument, each Trustor agrees that this Security Instrument will secure all future advances and future <br />obligations that are given io or incurred by any one or more Trustor, or any oae or more Trustor' and others. All <br />future advances and other future obligations, are. secured by this Security Instrument even though all or part may not <br />yet be advanced. All future advances and other future obligations are secured as if made an the date of this Security <br />Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or <br />advances in any amonni. Any such commitment must be agreed to in a separate writiag. <br />C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited by law, iacluding, <br />but not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and <br />Beneficiary. <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuriag, preserving or otherwise protecting <br />the Property and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br />Security Instrument. <br />This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />rescission.. <br />S. PAYMENTS. Trustor agrees that all paymeats under the Secured Debt will be paid when due and in acenrdaace with the <br />terms of the Secured Debt and this Security Instrument. <br />6, WARRANTY OF TTTLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, aad sell the Property to 'T'rustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbraaces of record. <br />'7. PRIOR SECURTTY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a prior security interest ar encumbrance on the Property, Trustor agrees: <br />A. To make all paymeats when due and to perform or comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that 'I'rustar receives from the holder. <br />C. Not to allow aay modification or extension of, nor to request any future advances under any note or agreement <br />secured by the lien docurneat without Beneficiary's prior written consent. <br />8. 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. Beaeficiary 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 Security Instrumeat. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor <br />or materials to maintain or improve the Property. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the eatire balance of the Secured Debt to <br />be immediately due and payable upon the creation of, or cnntract for the creation of, any lien, encumbrance, transfer ar <br />sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This <br />covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security <br />Instrument is released. <br />10. PROPERTY CONDITION, ALTERA~i'IONS" ACID WINS~E~TILON. "T'rustor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or <br />deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the <br />nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not <br />permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will <br />notify Beneficiary of all demands, proceedings, clauns, and actioas against Trustor, ,and of any loss or damage to the <br />Property. <br />Beneficiary or $eneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. $eneficiary shall .give Trustor antice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspectioa cif the Property shall be entirely for Beneficiary's benefit aad <br />Trustor will in no way rely on Beneficiary's inspectioa. <br />11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without notice; perform or .cause them to be performed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary's right to perform for <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising aay of Beneficiary's other rights under the law or this Security Iastrument. If any constructioa nn the Property <br />is discontinued or aot 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 construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, in trust for the <br />benefit of Beneficiary as additional security all the right, title and interest in the following (all referred to as Property): <br />existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and <br />occupancy of the Property, including any extensions, renewals, modifications nr replacements (all referred to as Leases); <br />anal rents, issues and 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 promptly provide <br />Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be <br />provided on execution of the Assignment, aad all future Leases and any othertnformatian with respect to these Leases will <br />be provided immediately after they are executed. Trustor may collect, receive, enjoy aad use the Rents so long as Trustor <br />is not in default. <br />Upon default, Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents with any other <br />funds. Trustor agrees that this Security Instrument is immediately effective between Trustor and Beneficiary and effective <br />as to third parties oa the recording of this Assignment. As long as this Assignment is in effect, Trustor warrants and <br />represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law <br />on leases, licenses and landlords and tenants. <br />13. LEASEHOLDS; CONDOMINHJMS; PLANNED UNTT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condorniniurn or a <br />planned unit development, Trustor will perform all of Trustor's duties under the covenants,. by-laws, nr regulations. of the <br />condominium or planned unit development. <br />(page 2 of 4J <br />Per "' C~ 1994 Bankers Systems, Inc., St, Cloud, MN Form RE-DT-NE 1!30!2002 <br />