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-: 1' _� ' I ' .r <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 Securiry Instrument.is specif'ically referenced. If more tha.n one person signs <br />this Securiry Instrument, ea.ch Trustor agrees that this Securiry Instrument will secure a11 future advances and future <br />obligations 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 Instrument 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 daxe 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 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 not prohibited by law, including, <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 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 Securiry Instrument will not secure any other debt if Beneficiary fails to °give any requiced notice of the right of <br />resci�sion.- . ; , . r �. ;��; .. ;„ . � ; ,. ;.. : � ° :. ; ' <br />PAYMENTS. Trustor agrees that ti all payments under tfie Secured Debt will be paid when due and in accordance with the <br />terms of the Secured Debt and this Security Instrument. <br />WARRANTY OF TITLE. Trustor warrants thax Trustor is or will be lawfully seized of the estate conveyed by this <br />Securiry Instrument 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 />PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, securiry agreement or other lien <br />document that created a prior securiry interest or encumbrance on the Property, Trustor agrees: <br />A. To make a11 payments when due and to perform or comply with all covenants. <br />B. To promptly deliver to Beneficia.ry any notices that Trustor receives from the holder. <br />C. Not to a11ow any modif'ication or extension of, nor to request any future advances under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent. <br />CLAIM5 AGAIN5T TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary <br />copies of all notices tha.t such a.mounts are due and the receipts evidencing Trustor's payment. Trustor will defend title to <br />the Pioperty against any claims that would impair the lien of this Security Instrument. 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 />DUE ON SAI.E OR ENCiJMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer oi <br />sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applica.ble. This <br />covena.nt shall run with the Property and shall rema.in in effect until the Secured Debt is paid in fu11 and this Security <br />Instrument is released. <br />PROP�R�' �Oi'�)Y�YOl�, �.�R�a�Y01"1S::�T73 �1'+ISF�C�f�N. Tr�stor w.ill; keep;the ProgerEy in good' condition <br />and make all repairs that are reasonably necessary. Trustor shall not commit or a11ow 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, claims, and actions against Trustor, and of any loss or damage to the <br />Property. <br />Bene�ciary or Beneficiary's agents may, at Beneficia.ry's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and <br />Trustor will in no way rely on Beneficiary's inspection. <br />AUTHORITY TO PERFORM. If Trustor fails to perform any dury or any of the covenants contained in this Securiry <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 na.me 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 any of Beneficiary's other rights under the law or this Securiry Instrument. If any construction on the Property <br />is 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 construction. <br />ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, in trust for the <br />benefit of Beneficiary as additional securiry 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, modif'ications or replacements (all referred to as Leases); <br />and rents, i�sues and gro�ts (a11 referred to as Rents). In. the event any item listed as Leases or Rents is. determined to be <br />personal proper[y, this Assignment will also `be regarded as a security agreement. Trustor wi11 proinptly 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, and a11 future 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 />Upon default, Trustor will receive any Rents in trust for Beneficia.ry 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 on 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 tena.nts. <br />LEASEHOLDS; CONDOMINI[TMS; PLANNED iJNIT 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 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 />condominium or planned unit development. <br />5. <br />6. <br />7. <br />8. <br />9. <br />10: <br />11. <br />12. <br />13. <br />'��M OO 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 <br />5 � rpa9_e `� <br />