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-� 2oioosi5� <br />B. All future advances frorn Beneficiary to Trustor or ather future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guazanty, or other evidence of debt executed by Trustor in favor of Benefciary executed <br />after this Security Instrument whether or not this Security Instrument is speci�ically referenced. If more than one <br />person signs this Security Instrurnent, each Trustor agrees thac this Se�urity Instrurnent will secure all future advances <br />and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and <br />others. All future advances and other future obligations aze secured by this Security Instrument even though all or <br />part may not yet be advanced. All future advances and other future abligations are secured as if made on the date of <br />this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to ma�ce additional ar <br />future loans or advances in any amount. Any such cormmitnr�ent must be agreed to in a separate writing. <br />C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent not prohibited. by law, including, but <br />not limited to, liabilities far overdrafts relating to any deposit account agreernent between Trustor atid Bene�ciary, <br />D. All additional sums advanced and expenses incurred by Beneficiary for insuring, preserving or otherwise protectmg <br />the Property and its value and any other surns 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 Bene�iciary fails to give any required nptice of the right of <br />rescission. <br />5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br />terms of the 5ecured Debt and this Securrty Instrument. <br />6. WARRANTY OF TITLE. Trustor warrants thac Trustor is ar will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, canvey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document t.�at created a prior security interest or encumbrance on the Property, Trustor agrees: <br />A. To make all payments when due and ta perform or comply with a11 covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustar re�eives from the holder. <br />C. Not to allow any modi�cation or extension of, nor to request any future advances under any note or agre�ent <br />secured by the lien document without Beneficiary's prior written consent. <br />$. 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. Bene�iciary may rec�uire Trustor ta 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 irnpair the lien of this Security Instnunent. Trustor agrees to assign to <br />Beneficiary , as rec�uested bx Beneficiary, any rights, claims or defenses Trustor may have against parties who supply labor <br />or nnaten'als to mamtain or rmprove the Property. <br />9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declaze the entire balance of the Secured Debt to <br />be immediatel due and ayable upon the creation of, transfer ar sale of all or any part of the Property. This right is subject <br />to the restrictions innpo sed by federal law (12 C.�.R. 591), as ap licable. This covenant shall run with the Property and <br />shall remain in effect until th� Secured Debt is paid in full and this �ecurity Instrument is released. <br />1.0. PROPERTY CONDITION, ALTERATIONS AND INSPECTI�N. Trustar will keep the Property in good canditian and <br />make all repairs that are reasonably necessary. Trustor shall not conrunit or allow any waste, impairment, or deterioration of <br />the Property. Trustor will keep the P�roperty free of noxious weeds az�d grasses. Trustor agrees that the nature of the <br />occupancy and use will not substantia,lly change without Bene�ciary's rior written cansent. Trustor will not pernut any <br />change in any license, restrictive covenant ar easement without Bene�ciary's prior written consenc. Trustor will notify <br />Beneficiary of all demands, proceedings, claims, and actions against Tzustor, and of any loss or damage to the Property. <br />Beneficiaz� or Beneficiary's agents may, at Bene�ciary 's option, enter the Property at any reasonable time for the �urpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection speci�ing a <br />reasonable purpose for the ins�ection. Any inspectxon of the Property shall be entirely for Beneficiary's benefit and rustor <br />will in no way rely on Ben�ficiary's insp�tion. <br />11. <br />12. <br />AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants cantained in this Security <br />Instrument, Bene�iciary may, without notice, perform or cause thenn to be performed. Trustor a�points Ben�ficiary as <br />attorney in fact to sign Trustor's name ar pay any arnount necessary for per�ormance. Beneficiary s right to perform for <br />Trustor shall npt create an obligation to perform, and Bene�iciary 's failure to perform will not preclude Beneficiary from <br />exercising any of Bene�iciary's other rights under the law or this Security Instrument. If any construction on the Property is <br />discontinued or not carried on in a reason.able manner, Bene�iciary may take all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the construction. <br />ASSIGNMENT O�' LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, in trust for the <br />benefit of Beneficiary as additianal security all the right, title and interest in the following (a11 referred to as Property): <br />existing or future leases, subleases, licenses, guazanties and any other written or verbal agreements for the use and <br />occupancy of the 1'roperty, including any extensions, renewals, modi�ications or replacements (all referred to as Leases); <br />and rents, issues and profts (all referred to as Rents). In the event any itern listed as Leases or Rents is determined to be <br />personal �roperty, this Assignment will also be regarded as a security agreement. Trustor will promptly provide Beneficiary <br />with copies of the I.eases azid will certify these Leases are true and carrect copies. The existing T.eases will be provided on <br />exe.cution of the Assignment, and all future Leases and any other information wrth respect to these I.eases will be pravided <br />irnmediately after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is nat in <br />default. <br />Upon default, Trustor will receive any Rents in trust for Beneficiary and will not cornmingle the Rents with any ather <br />funds. Trustor agrees that this Security Instrurnent is immediately eff�tive between Trustor and Beneficiary and effective as <br />to third parties on the recording af this Assignment. As long as this Assignrnent is in effect, Trustor warrants and represents <br />that no default exists under the Leases, and the parties subject ta the Leases have not violated any applicable law on leases, <br />licenses and landlords and tenants. <br />13. LEASEHOLDS; CONDUMIIVIUM.S; PLANNED iJNIT DEVELOPMENTS. Trustor agrees co comply with the <br />provisions of any lease if this Security Instrurnent 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 duties under the covenants, by-laws, or regulations of the <br />candprninium or planned unit development. <br />� 1984 Woltere Kluwer Flnancial Services - Benkers SyBtemsTM Form RE-DT-NE 12/1 S/2006 <br />VMP �-C1651NE) 1o7oe1 <br />�',/ � (page 2 <br />