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�oi�u34�� <br />5. <br />6. <br />7. <br />8. <br />9. <br />10. <br />11. <br />12. <br />13. <br />B. All future advances from Beneficiary to Trustor or other future obligations of Trustor to Beneficiary under any <br />pcomissory note, contract, guaranty, or other evidence of debt executed by Trustor in fa�or of Beneficia,ry after this <br />Security Instrument whether or not this Security Instrument is specif'ically referenced. If m4re than one person signs <br />this Security Instrument, each Trustor agrees that this Securiry Tnstrument will secure all future advances and future <br />obligations tha.t 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 futute advances and other future obligations are secured as if made on the date of this Security <br />Instrument. Nothing in this Security Instrument shall constitute a commitment to ma.ke additional or future loans or <br />advances in any amount. Any such commitment must be agreed to in a separate wtiting. <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 Properly and its value and any other sums advanced and expenses incurred by Beneficiary under the terms of this <br />Security Instrument. <br />This Secariry Instrument will not secure any other debt if Beneficiary fails to give any required notice of the right of <br />tescission. <br />PAYMENT5. Trustor agrees that all payments under the Secured Debt will be paid when due and in accorda,nce with the <br />terms of the Secured Debt and this Security Instcument. <br />WARRANrY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security 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 Properiy is unencumbered, except for encunabrances of record. <br />PRIOR SECURITY 1NTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien <br />document that created a prior security interest or encumbrance on the Properiy, Trustor agrees: <br />A. To make a11 payments when due and to perform or 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 e�ctension of, nor to request any future advaaces under any note or agreement <br />secured by the lien document without Beneficiary's prior written consent. <br />CLAIMS AGAINST TI17.E. Trustor will pay all ta�ces, assessments, liens, encumbrances, lease payments, ground rents, <br />utilities, and other charges relating to the Property when due. Beneficiary ma,y require Trustor to provide to Beneficiary <br />copies of all notices tha.t such amounts ate due and the receipts evidencing Trustor's payment. Trustor will defend title to <br />the Properly against any claims that would impair the lien of this Security Insttument. Trustor agrees to assign to <br />Beneficiary, as reqnested 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 />DiIE ON SALE OR ENCiTMBRANCE. Beneficiary may, at its option, declare the entire bala.nce of the Secared Debt to <br />be immediately due and payable upon the creation of, ot contra,ct for the creation of, any lien, encumbrance, transfer or <br />sale of the Property. This right is subject to the testrictions imposed by fedetal law (12 C.F.R. 591), as applicable. This <br />covenant sha11 run with the Properiy and shall remain in effect until the 5ecured Debt is paid in full and this Security <br />Instrument is released. <br />PROPERTY CONDITION, ALTERATIbNS AND INSPECTION. Trustor will keep the Properly in good condition <br />and make a11 repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impainment, or <br />deterioration of the Properiy. 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 covena.nt or easement without Beneficiary's prior written consent. Trustot will <br />notify Beneficiary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the <br />Property. <br />Beneficiary or Beneficiary's agents may, at Beneficia.ry's option, enter the Property at any reasonable time for the patpose <br />of inspecting the Properiy. 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 Beneficia,ry's benefit and <br />Trustor will in no way cely on Beneficiary's inspection. <br />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 or cause them to be performed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary for perfotmance. 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 Beaeficiary's other rights under the law or this Security Instrument. If any construction on the Property <br />is discontinued or not carried on in a reasonable manner, Beneficiary ma.y 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 Beneficia.ry as additional security 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 Properiy, including any extensions, renewals, modif'ications or replacements (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 properly, this Assignment will also be regarded as a security agreement. Trustor will promptly provide <br />Beneficiary with copies of the Leases and will certify these Leases are true and cortect copies. The existing Leases will be <br />provided on execution of the Assignment, and all 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 Beneficiary and will not commingle the Rents with any other <br />funds. Trustor agrees that this 5ecurity Instrwnent 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 tenants. <br />LEASEHOLDS; CONDOMINI[JMS; 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 all of Trustor's duties uader the covena.nts, by-laws, or regulations of the <br />condominium or planned unit development. <br />�M OO 1994 Bankars Systems, Inc., St. Cloud, MN Form RE-DT-NE 1/30/2002 <br />-; <br />. %� <br />' �.:.� <br />