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5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />11. <br />12. <br />13. <br />�Em��c����� <br />20i103�.�� <br />�0.11U�855 <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, gua.ranty, 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, each Trustor agrees that this Securiry Instrument will secure all 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 Securiry Instnunent even though a11 or part may not <br />yet be advanced. All future advances and other future obligations a.re secured as if ma.de on the date of this Security <br />Instrument. Nothing in this Securiry Instnunent shall constitute a commitrnent to make additional or future loa.ns or <br />advances in any amount. Any such commitment must be agreed to in a separaxe writing. <br />C. All obligations Trustor owes to Beneficiary, which ma.y later arise, to the e�ctent not prohibited by law, including, <br />but not limited to, lia.bilities 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 />Securiry Instrument. <br />This Securiry Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />rescission. <br />PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and ift accordance with the <br />terms of the Secured Debt and this Securiry Instrument. <br />WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estaie conveyed by this <br />Securiry Instrument and has the right to inevocably grant, convey, and sell the Properry to Trustee, in trust, with power of <br />sa.le. Trustor also warrants tha.t the Properry is unencumbered, except for encumbra.nces of record. <br />PRIOR SECITRITY INTERESTS. With regasd to any other mortgage, deed of trust, securiry agreement or other lien <br />document thax created a prior securiry interest or encumbrance on the Properry, Trustor agrees: <br />A. To mal�e all payments when due and to perform or comply with a11 covenants. <br />B. To promptly deliver to Beneficiary any notices that Trustor receives from the holder. <br />C. Not to a11ow any modif'ication or e�ension 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 />CLAIMS AGAiNST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Properry when due. Beneficia.ry may require Trustor to provide to Beneficiary <br />copies of a11 notices thax 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 Securiry Insttvment. Trustor agrees to assign to <br />Beneficiary, as requested by Beneficia.ry, any rights, claims or defenses Trustor ma.y have against parties who supply labor <br />or ma.terials to ma.inta.in or improve the Property. <br />DiTE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to <br />be immediaxely due and payable upon the creation of, or contract for the crea.tion of, any lien, encumbrance, transfer or <br />sale of the Properry. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), a.s applicable. This <br />covenant sha11 run with the Properry a.nd shall remain in effect until the Secured Debt is paid in full and this Securiry <br />Instrument is released. <br />PROPEh3� CO11mTID�OleT, ���dA�O1�IS �TID IN�'EC�IIOl°d. Trustor will k.,ep the Propemy in good condi�ion <br />and ma.ke all repairs that are reasonably necessary. Trustor shall not commit or a11ow a.ny waste, impairment, or <br />deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees thax the <br />nature of the occupancy and use will not substantia.11y change without Beneficia.ry's prior written consent. Ttustor will not <br />permit any change in any license, restrictive covena.nt or easement without Beneficiary's prior written consent. Trustor will <br />notify Beneficia.ry of all demands, proceedings, claims, and actions against Trustor, a.nd of any loss or damage to the <br />Property. <br />Beneficiary or Beneficia.ry's agents ma.y, at Beneficiary's option, enter the Properry at any rea.sonable time for the purpose <br />of inspecting the Property. Beneficiary sha11 give Trustor notice at the time of or before a.n inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficia.ry's benefit and <br />Ttustor will in no way rely on Beneficiary's inspection. <br />AUTHORITY TO PERFORM. If Trustor fa.ils to perfoffi any dury or any of the covena.nts contained in this Securiry <br />Instnnnent, Beneficia.ry ma.y, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay aay amount necessary for performa.nce. Beneficiary's right to perform for <br />Trustor sha11 not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of Beneficia.ry's other rights under the law or this Security Instrnment. If any construction on the Property <br />is discontinued or not carried on in a reasona.ble manner, Beneficia.ry may take a11 steps necessa.ry to protect Beneficiary's <br />securiry interest in the Property, including completion of the construction. <br />AS5IGNMENT OF LEASES AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, in ttust for the <br />benefit of Beneficiary as additional security all the right, title and interest in the following (all referted to as Property): <br />existing or future leases, subleases, licenses, gua.ranties and any other wriuen or verbal agreements for the use and <br />occupancy of the Property, including any extensions, renewals, modif'ications or repla.cements (all referred to as Leases); <br />and 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 Assigvment will also be regarded as a securiry agreement. Trustor will promptly provide <br />Beneficiary with copies of the Leases and will certify these Lea.ses are true and correct copies. The existing Lea.ses will be <br />provided on execution of the Assigmnent, and all future Leases and any other info�ation 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 a.s Trustor <br />is not in default. <br />Upan default, Trustor will receive any Rents in trus�t for Beneficia.ry and will not commingle the Rents with any other <br />funds. Trustor agrees thax this Securiry Instrument is immediately effective between Trustor and Beneficia,ry a.nd effective <br />as to third parties on the recording of this Assigumeat. As long as this Assigument is in effect, Trustor warrants and <br />represents that no default e3cists under the Lea.ses, and the parties subject to the Leases ha.ve not violated any applica.ble law <br />on leases, licenses and landlords and tenants. <br />LEASEHOLDS; CONDOMINIUM5; PLANNED UNIT 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 a11 of Trustor's duties under the covenants, by-la.ws, or regulations of the <br />condominium or pla.nned unit development. <br />(page 2 of 4) <br />�"" OO 1994 Bankers Systems, Inc„ St. Cloud, MN Form RE-DT-NE 1/30/2002 �,G �. <br />