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20�103��0 � C. � All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under �y promissory note, contract, guazanty, or other evidence of debt executed by Trustor in favor of BeneSciary executed after this Security Instrument whether or not this Security Instrument is sp�ifically referenced. If more than one person signs this Security Inshument, each Trustor agrees that this Sscurity Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Trustor, or any one or more Trustor and others. All future advances and other future obligations are secwed by this Security Inshument even though a11 or part may not yet be advanced. AIl future advances and other future obligations aze secured as if made on the date of this Security Instrument. Nothirig in this Security InstrumPnt shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in aseparate wriYing. All obligations Trustor owes tcn Bene�iciary, which may later arise, to the,extent not prohibited by law, including, but not limited to liabilities for overdrafts relating to any dep o�sit aECOUnt agreement,between Trustor and Beneficiary.. All additiona� sums advanced and expenses incuned by Beneficiary for �suring, preserving or otherwise protecting the Properiy and its value and any other sums advanced and expenses incurred by Beneficiary uader the terms of this Security Instrument. This Security Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of rescission. 5. PAYMENTS. Trustor agrees that alI payments under the Secured Debt will be paid when due and in accordance with the terms of the S�ured Debt and this Se�unty Instrument. 6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, wrth power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECUItITY INTERESTS. With regard to any other mortgage, deed of ttvst, security agreement. or other lien document that created a prior security interest or encumbrance on the Property, Trustor agrees: � A. To make a11 payments when due and to perform or comply with all covenants. B. To promp�tly deliver to Beneficiaty any notices that Trustor receives from the holder. C. Not to allow any modification or extension o� nor to , request any future advances under aay note or agreament secured by the lien document without Beneficiary' s prior wntten consent. 8. CLAIMS AGAINST TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, w atilities, and other charges relating to the Property when due. Beneficiary may require Trustor to provide to Beneficiary copies of all notices that such amounts aze due and the receipts evidencmg Trustor s payment. Trustor will defend title to the Pro�erty against any claims that would impair the lien of this Security Instrument, Trustor agree.s to assign to Beneficiary, as rec�uested b� Benef�ciary, any rights, claims or defenses Trustor may have against parties who supply labor or maten'a1s to mauitain or unprove the Property. , 9. DUE ON SALE OR ENCUMBRANCE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, transfer or sale of all or any.part, of the Property. This right is subject to the r�trictions imposed by federal law (12 C.F.R. 591), as applicable. TI%is �ovenant sha11 run witlY the Properiy and sha11 remain in effect unril the Seaured Debt is paid in full and this Security Inst�ument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and make all repairs that are reasonably necessary. Trustor shall not commit or a11ow any waste, impaument, or deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the nature of the� occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not pernut any change in any license, restrictive covenant or easement without Beneficiary' s prior written consent. Ttustor will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or daznage to the Properiy. Beneficiary or Beneficiary' s agents may, at Beneficiary' s option, enter the Property at any reasonable time for the purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspeotion spe�ifying a reasonable purpose for the ins�ection. Any inspection of the Property shall be entirely for Beneficiary' s benefit and Trustor will in no way rely on Beneficiary' s inspection. 11. AUTHORITY TO PERFORM. If Trustor fails to perform any duty or any of the covenants contained in this Security Instrument, Beneficiary may, without notice, perform or cause them to beper �ormed. Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary for perform` auce. Beneficiary's nght to perform for Trusfor sha11 not create an obligation to perform, and Benefici �ry's failure to perform will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Security Instrument. If any constntction on the Property is . discontinued or not carried on in a reasonable manner, Beneficiary may take all steps nece.ssary to protect �ne c� iary's" security interest in the Property, including completion of the construcrion. 12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevoc�bly assigns grants and conveys, to Trustee, in trust for the benefit of Beneficiary as addirional security all the right, title and interest in the following (all referred to as Property): ea�isting or future leases, subleases, licenses, guaranties and any other written or verbal' agteements for the use and occupancy of the Pro , including any extensions, renewals, modifications or replacements (a11 referred to as Leases); and rents, issues and pro�ts (all re��rred tq as Rents). In the ev�nt any item liste�i as Leases or Rents is determined to be personal �roperty, tlus A�signment v�nll also be regarded as a security agreement.,Trustor will promptly provide Beneficiary with copies of the Leases and will certify these Leases are true and conrect copi,�es: The existin Leases will be rovide@ on execution of the Assignment,' and all future Leases and any other information s�th respect to r�e�e Leases wiii �e pro�iae� imm�iately after they are executed. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not �n default. Upon default, Trustor will re,ceive any Rents in trust for Beneficiary and will not commingle the Ren�s with any other, funds. Trustor agrces that this Security Instrument is immediately effective between Trustor and Beneficiary and effective as ` to thitd parties on the recording of this Assigmment. As long as this Assignment is in effect, Trustor warrants and repre.sents that no default exists under the Leases,, and the parties subject to the Leases have not violated any applic�ble law on leases, licenses and landlords and tenants. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED U1vIT DEVELOPMENTS. Trustor agrees to comp ly with the provisions of any lease if this Securitx Instrument is on a leasehold. If the Properiy includes a unit in a condomuuum or a planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. c0 1994 Wolters Kluw er Financial Services - Bankers SyatemsTM� Form RE-DT-NE 1 211 512 0 0 6 VMP�-C765(N� (o�oe) 894/CN/HI�iH � (page 2 of 4J �a � � � �� � 456847 ,{ �i; , d .;