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201008647 <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt executed by Trustor in favor of Beneficiary after this <br />Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs <br />this Security Instrument, each Trustor agrees that this Security Cnstrument will secure all future advances and future <br />obligatic�ns that are given to or incurred by any one or more Trustor, or any one or more Trustor and others. All <br />future advances and other future obligations are secured by this Security lnstrument even though all or part may not <br />yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security <br />Instrument. Nothing in this Security Instrument shall constitut� a cornmitment to make additional or future loans or <br />advances in any amount. Any such commitment must be agreed to in a separate writing. <br />C. All obligations Trustor owes to Beneficiary, which may later arise, to the extent nat prohibited by law, including, <br />but not limited to, liabilities for ov�rdrafts relating to any deposit account agreement between Trustor and <br />Beneficiary. <br />D. All additional sums advanced and exp�nses incurred by Beneficiary for insuring, 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 ta give any required notice of ihe right of <br />rescitision. _. _ <br />5. PAYMEN'I'S. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with the <br />terrns of the Secured Debt and this Security Instrument. <br />6. WARRAN'I'Y OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Tnstrument and has the right to irrevocably grant, convey, 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. Vi/ith regard to any other mortgage, d�ed of trust, security agreement or other lien <br />document that created a prior security interest or encumbranc� nn the Property, Trustor agtees: <br />A. Tn make all payments when du� and to perform ar comply with all covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />C. Not to allow any modification or extension of, nor to request any future advances under any note or agreernent <br />secured by the lien document 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 Prop�rty when due. Beneficiary rnay require Trustor to provide to Beneficiary <br />copies of all notices that such amounts are dut and the receipts evidencing Trustor's paytnent. Trustor will defend title to <br />the Froperty against any claims that would impair the lien of this Security Instrurnent. Trustor agrees to assign to <br />Beneficiary, as reyuested by Beneficiary, any rights, claims c�r defenses Trustor may have against parties who supply labor <br />or materials to maintain or unprove the Property. <br />9. DUE �N SA�,E OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be immediately du� and payable upon the creation of, or cantract for the creation of, any lien, encumbrance, transfer or <br />sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. S91), 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 GONDI'f�E3N ALT�RATIONS AND INSP�C�ION: -Trustor wi�� keeg the Propert�+ in gc�od-et�ndition <br />and make all repairs that are reasonably necessary. Trustor shall not cornmit or allow any waste, ixnpairment, or <br />deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustar agrees that the <br />nariire of the occupancy ana use will not substantially change without Beneficiary's priar written consent. Trustor will not <br />perrnit any change in any license, restrictive covenant or easem�nt without Beneficiary's prior written consent. Trustor will <br />notify Beneficiary of all demands, praceedings, clairns, and actions against Trustor, and of any loss or damage to the <br />Property. <br />Beneficiary nr Beneficiary's agents may, at Ben�:ficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Bc:neficiary shall give Ttustor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection nf the Property shall be entirely for Beneficiary's benefit and <br />Trustor will in no way rely on Beneficiary's in.spection. <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 nr cause them to be performed. Trustor appoints Beneficiary as <br />attorney in fact to sign I'rustnr's name or pay any amnunt necessary for performance. Beneficiary's right to perform far <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 th� law or this Security Instrument. If any construction on the Property <br />is discontinu�d nr not carried nn in a reasonable manner, Beneficiary may take all steps necessary to pratect Beneficiary's <br />security interest in the Property, including cnrnpletion of the construction. <br />12. ASSIGNMEN'T 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 anc� 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 or replacements (all referred to as L,eases); <br />and rents, issues and prnfits (all referred tn as Rent�). Tn 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 agreernern. 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 ex�cution of the ASSignrnent, and all fi�ture Leases and any other information with respect to these Leases will <br />be provided immediately after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor <br />is not in default. <br />Upc7n deFault, Trustor W�11 receive any Rents in trust for Beneficiary and will not cnrnrningle the Rents with any other <br />funds. Trustor agrees that fhis Security Instrument is immediately effective between Trustor and Beneficiary and effective <br />as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Trustor warrants and <br />represents that no dcfault exists under th� Leases, and the parties subject to the Leases have not violated any applicable law <br />on leases, licenses and landlords and tenants. <br />13. LEAS�HOT.11S; CONDOMINIUMS; PLANNED UNi'f DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrum�nt is on a leasehold. If the Property includes a unit in a condorninium or a <br />planned unit development, Trustor will perform all oF Trustnr's duties under the covenants, by-laws, or regulations of the <br />condominium or planned unit development. <br />(page 2 of 41 <br />� OO 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-pT-NE 1/30/2002 <br />