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�Q110442� <br />B. All future advances from Bene�tciary to Trustor or other future obligations of Trustor to Beneficiary under any <br />promissory note, contract, guaranty, or other evidence of debt exeeuted 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 Instrument will secure all fulure 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 date 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 Bene�ciary, which may later arise, to the extent not prohibited by law, including, but <br />not limited to, liabilities for overdrafts relating to any deposit account agreement between Trustor and Bene�iciary. <br />D. All additional sums advanced and expenses incuned by Beneficiary for insuring, preserving ar otherwise <br />protecting the Property and its value and any other sums advanced and expenses incurred by Beneficiary under <br />the terms of this Security Instrument. <br />This Security Instrument will not secure any other debt if BeneSciary fails to give any required notice of the right of <br />rescission. <br />5. PAYMENTS. Trustor agrees that all payments under the Secured Debt will be paid when due and in accordance with <br />the terms of the Secured Debt and this Security Instrument. <br />6. WARRANTY OF 1TTLE. 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 <br />power of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. PRIOR SECURITY INTEREST5. 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 Property, Trustor agrees: <br />A. To make all 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 modi�cation or ertension 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 />S. CLAIM5 AGAIN5T TITLE. Trustor will pay all taxes, assessments, liens, encumbrances, lease payments, ground <br />rents, utilities, and other charges relating to the Property when due. Bene�iciary may require Trustor to provide to <br />Bene�ciary copies of all notices that such amounts are due and the receipts evidencing Trustor's payment. Trustor will <br />defend title to the Property against any claims that would impair the lien of this Security Instrument. Trustor agrees to <br />assign to Bene�iciary, as requested by Beneficiary, any rights, claims or defenses Trustor may have against parties who <br />supply labor or materials to maintain or improve the Property. <br />9. DUE ON 5ALE OR ENCUMBRANCE. Bene�ciary may, at its option, declare the entire balance of the Secured <br />Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, <br />transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as <br />applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full <br />and this Security Instrument is released. <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good <br />condition and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, <br />impairment, or deterioration of the Property. Trustor will keep the Property free of noxious weeds and grasses. <br />Trustor agrees that the nature of the occupancy and use will not substantially change without Beneficiary's prior <br />written consent. Trustor will not permit any change in any license, restrictive covenant or easement without <br />Bene�iciary's prior written consent. Trustor will notify Bene�iciary of all demands, proceedings, claims, and actions <br />against Trustor, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Bene�iciary's option, enter the Property at any reasonable time for the <br />purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection <br />specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's <br />benefit and Trustor will in no way rely on Bene�iciary's inspection. <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 or cause them to be performed. Trustor appoints Beneficiary as <br />attorney in fact to sign Trustor's name or pay any amount necessary far performance. Beneficiary's right to perform <br />for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary <br />from exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the <br />Property is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect <br />Beneficiary's security interest in the Property, including completion of the construction. <br />1�. ASSIGNMENT OF LEASE5 AND RENTS. Trustor irrevocably assigns, grants and conveys, to Trustee, in trust for <br />the benefit of Beneficiary as additional security all the right, title and interest in the following (all referred to as <br />Property): e�sting or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the <br />use and occupancy of the Property, including any extensions, renewals, modifications or replacements (all refened to <br />as Leases); and rents, issues and profits (all referred to as Rents). In the event any item listed as Leases or Rents is <br />deterrnined to be personal property, this Assignment will also be regarded as a security agreement. Trustor will <br />promptly provide Bene�iciary with copies of the Leases and will certify these Leases are true and correct copies. The <br />e�usting Leases will be provided on execution of the Assignment, and all future Leases and any other information with <br />respect to these Leases will be provided immediately after they are executed. Trustor may collect, receive, enjoy and <br />use the Rents so long as Trustor is not in default. <br />Upon default, Trustor will receive any Rents in trust for Bene�iciary 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 <br />effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Trustor <br />warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated <br />any applicable law on leases, licenses and landlords and tenants. <br />13. LEASEHOLDS; CONDO�UMS; 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 <br />or a planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or <br />regulations of the condominium or planned unit development. <br />� ,/� (P�� 4) <br />� <br />� OO 1994 Bankers Systems, Inc., St Cloud, MN Form RE-DT-NE 1/30/2002 <br />