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200112031 <br />fitor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may <br />lest, receive, enjoy and use the Rents so long as Grantor is not in default under the terms of this Security <br />trument. <br />rotor agrees that this assignment is immediately effective between the parties to this Security Instrument <br />I effective as to third parties on the recording of this Security Instrument. This assignment will remain <br />active until the Secured Debts are satisfied. Grantor agrees that Lender is entitled to notify Grantor or <br />intor's tenants to make payments of Rents due or to become due directly to Lender after such recording, <br />roever, Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notifies Grantor of the <br />ault and demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender. <br />receiving notice of default, Grantor will endorse and deliver to Lender any payment of Rents in Grantor's <br />isession and will receive any Rents in trust for Lender and will not commingle the Rents with any other <br />ds. Any amounts collected will be applied as provided in this Security Instrument. Grantor warrants that no <br />cult exists under the Leases or any applicable landlord /tenant law. Grantor also agrees to maintain and <br />uire any tenant to comply with the terms of the Leases and applicable law. <br />13. DEED OF TRUST COVENANTS. Grantor agrees that the covenants in this Security Instrument are material <br />obligations under the Secured Debts and this Security Instrument. If Grantor breaches any covenant in this <br />, urity Instrument, Lender may refuse to make additional extensions of credit or may reduce the credit limit. <br />-not exercising either remedy on Grantor's breach, Lender does not waive Lender's right to later consider the <br />*vent a breach if it happens again. <br />4. DEFAULT. <br />A. Payments <br />B. Property. <br />Property. <br />Grantor will be in default if any of the following occur: <br />Any party obligated on the Secured Debts fails to make a payment when due. <br />Any action or inaction occurs that adversely affects the Property or Lender's rights in the <br />5. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security <br />istrument, Lender may accelerate the Secured Debts and foreclose this Security Instrument in a manner <br />rovided by law if Grantor is in default. In some instances, federal and state law will require Lender to provide <br />rantor with notice of the right to cure, or other notices and may establish time schedules for foreclosure <br />the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal will <br />come immediately due and payable, after giving notice if required by law, upon the occurrence of a default or <br />iytime thereafter. Lender will be entitled to, without limitation, the power to sell the Property. <br />there is a default, Trustee will, at the request of the Lender, advertise and sell the Property as a whole or in <br />parate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all <br />Iht, title and interest of Grantor at such time and place as Trustee designates. Trustee will give notice of sale <br />:luding the time, terms and place of sale and a description of the Property to be sold as required by applicable <br />ro in effect at the time of the proposed sale. <br />lion sale of the Property and to the extent not prohibited by law, Trustee will make and deliver a deed to the <br />operty sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, <br />ill pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior <br />(cumbrances and interest thereon, and the principal and interest on the Secured Debts, paying the surplus, if <br />ly, to Grantor. Lender may purchase the Property. The recitals in any deed of conveyance will be prima facie <br />'idence of the facts set forth therein, <br />ie acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is <br />le or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to <br />quire complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender <br />ies not waive Lender's right to later consider the event a default if it happens again. <br />6. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Grantor breaches <br />ny covenant in this Security Instrument, Grantor agrees to pay all expenses Lender incurs in performing such <br />ovenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees <br />icurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. Grantor <br />grees to pay all costs and expenses incurred by Lender in collecting, enforcing, or protecting Lender's rights <br />nd remedies under this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court <br />osts and other legal expenses. These expenses are payable on demand and will bear interest from the date of <br />eyment until paid in full at the highest interest rate in effect as provided for in the terms of Secured Debts. To <br />0 extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' <br />a Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the <br />nkruptcy Code. This Security instrument wiii remain in effect until released. Grantor agrees to pay for any <br />mordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental <br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act <br />10ERCLA►, all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous <br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant <br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the <br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as <br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" <br />under any Environmental Law. <br />Grantor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will <br />be located, stored or released on or in the Property. This restriction does not apply to small quantities of <br />Alonzo Rivas Garcia <br />iska Deed Of Trust Initials <br />: W7 61 2 1 70050590000344001 6 1 1 0801Y °1996 Bankers,Systems, Jne„ fit• Gloud, MN E�r��T," Page 3 <br />