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�� ,.� . _ �9 ��:�3`723 <br /> � . .. :�i ��.:'l� r <br /> e i <br /> • r. , ; °,s <br /> L. Not�vithstandin� any'-`o�-Ehe��k�q��t�,age�contai�i�fl'rn this Deed of Trust to the contrary, the terms of this section shall <br /> survivc any forec�l�st�re br satisfaction of this Deed of Trust regardless of any passage of title to Beneficiary or any <br /> disposition by Beneficiary of any or all of the Property. Any claims and defenses to the contrary are hereby waived. <br /> 20. CONDI�.�INATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or public <br /> entiti�s to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, <br /> or any othcr means. Trustor further agrees to notify Beneficiary of any proceedings instituted for the establishment of any <br /> sewcr, �i�ater, conservation, ditch, drainage, or other district relating to ar binding upon the Property or any part of it. <br /> "I'rustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims and to collect <br /> and reccivc all suins r�sulting from the action or claim. Trustor assigns to Beneficiary the proceeds of any award or claim <br /> C��r �laulages connected �vith a condemnation or other taking of all or any part of the Property. Such proceeds shall be <br /> considerccl payments and will be applied as provided in this Deed of Trust. This assignment of proceeds is subject to the <br /> tci�ms of ail�� ��ri��r securiiy agreement. ' <br /> 21. I\StiRANCI�;. Trustor a�rees to inaintain insurance as follows: <br /> :1. "['rustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably associated <br /> �viti� �i�c Propert}� due to its type and location. Other hazards and rusks may include, for exampie, coverage against <br /> loss due to flooas or t7ooding. This insurance shall be maintained in the amounts and for the periods that <br /> Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to <br /> Beuet'iciary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage <br /> �lescribc�l above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br /> Pr����ert�� accordin� to the terms of this Deed of Trust. <br /> All i��surince policies an�l renewals shall be acceptable to Beneficiary and shall inelude a standard "mortgage <br /> clausc" and, ���here applicable, "beneficiary loss payee clause.° Trustor shall immediately notify Beneficiary of <br /> caitccll��iion or termination of the insuranee. Beneficiary shall have the right to hold the policies and renewals. If <br /> f3cu��Cici:uy rcquices, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal <br /> noticcs. U��on loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may <br /> mal:c pr��of of loss if not made iiiunediately by Trustor. <br /> Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or <br /> rcpair of the Properry damaged if the restoration or repair is economically feasible and Beneficiary's security is not <br /> lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, the <br /> insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to Trustor. <br /> I F "I�rustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the insurance <br /> c.�rricr has oi�Ccred to settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary may use the <br /> ��ro��cccis �o repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period <br /> �vill b����in wl�en the notice is given. <br /> Unlcss I3eneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not extend <br /> ��r ;�ust��c�ne the clue date of schcduled payments or change the amount of the payments. If the Property is acquired <br /> I��� 13cnci iciar��, "Crustor's right to any insuranee policies and proceeds resulting from damage to the Property before <br /> the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. <br /> C3. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured in <br /> �in amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on the <br /> Pro�>erty. <br /> C. Trustor a��rees to mainlain rental loss or business interruption insurance, as required by Beneficiary, in an amount <br /> cqu��l to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately <br /> in ���i-itin�,), undcr a form of policy acceptable to Beneficiary. <br /> 22. NO [,,SCIZO�V FO12 7'��XES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not <br /> he r�•yuirc�I t�� ��:n� to Bcneficiary funds tbr taxes and insuranee in escrow. <br /> 23. 1;1\�1NC1:1L REPOR7'S AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br /> linancial s�atcmr�u or information Beneficiary may deem necessary. Trustor warrants that all financial statements and <br /> iul<�rma�iou Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor agrees to sign, <br /> deliver, ancl filc as Beneficiary may reasonably request any additional documents or certitications that Beneficiary may <br /> consider necessary to perfect, continue, and preserve Trustor's obligations under this Deed of Trust and Beneficiary's lien <br /> status on thc Pr���er�y. [f' Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or certificates in <br /> Trustor's name aiid Trustor hereby irrcvocably appoints Beneficiary or Beneficiary's agent as attorney in fact to do the <br /> thin�.;s ncccssar�� to comply widl this scction. <br /> 2=t. JOIN'I' A�Af) 1V'I)I��IUCAL LIAI3ILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOiJND. All duties under <br /> this Dec�l uC "I'r�ist are joint and individuaL If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, <br /> "1'rus<<�r d��cs so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor <br /> docs n��t a��ree i�� be personally liable on the Secured Debt. Trustor agrees that Beneficiary and any parry to this Deed of <br /> Trusi nia} c�tcnd, inoclify or make any change in the terms of this Deed of Trust or the Evidence of Debt without <br /> 'I'rust<�r's c��nscn�. Such �change will not release Trustor from the terms of this Deed of Trust. The duties and benefits of <br /> �his l�ccci ol"1'rust shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br /> If this Derd of'1'rust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation which <br /> is ��uaranticd, 'I�rt�stoi- a�rees to waive any rights that may prevent Beneficiary from bringing any action or claim against <br /> 'l�rustor ur an�� ��arry iuclrb�ed under the obligation including, but not limited to, anti-defieiency or one-action laws. <br /> 25. �V'PI,ICtV3LE LA��'; SF,VERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws of the <br /> jurisclicti��n in ���hich [3encficiary is located, except to the extent otherwise required by the laws of the jurisdiction where <br /> the Yropert�� is I�,cated. This Deed of Trust is complete and fully integrated. This Deed of Trust may not be amended or <br /> m�,clit'iecl l�v ��r;il a��reemc�it. Any section or clause in this Deed of Trust, attachments, or any agreement related to the <br /> Sccu,�cd Drbt that c��i�ilicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br /> v�iriatior�s hy �a���i[�en a��rcement. If any section or clause of this Deed of Trust cannot be enforeed according to its terms, <br /> that scctiun or rla�.isr ���ill be severed and will not affect the enforceability of the remainder of this Deed of Trust. <br /> Whcnc��r�� usccl. the sin��ular shall include the plural and the plural the singular. The captions and headings of the sections <br /> ��C tliis De�cl ��I�"I�nist arc t<�r conveniencc only and are not to be used to interpret or define the terms of this Deed of Trust. <br /> �Cime is �il�hc cssence in �his Deed of Trust. <br /> page 5 of 6 <br /> ,���l93 Ei��nkE=i,Syste�ns,Inc.,St.C:oud,MN 11-800-397-2341) Form AG/CO-DT-NE 10/30/97 . <br />