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� ` 99� 1�szs9 with its rights hereunder, including costs, expenses and reasonable attorney's fees, shall bear interest at the rate of eighteen percent (18%) per annum and shall be so much additional Indebtedness Secured Hereby. Trustar shall reimburse Beneficiary therefor immediately upon demand. Beneficiary may apply any of said rents and profits received to the cost and expenses of collection, including reasonable attorney's fees, to the payment of taxes, assessments and insurance premiums and expenditures for upkeep of the Premises, to the performance of landlord's obligations under the lease, to the performance of any of Trustor's covenants, hereunder, and to any Indebtedness Secured Hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Premises, the collection of such rents and profits and the application thereof as aforesaid shall not cure or waive any defaults under this Deed of Trust nor in any way operate to prevent Beneficiary from pursuing any other remedy which it may now or hereafter have under the terms of this Deed of Trust, nor shall it in any way be deemed to constitute Beneficiary a mortgagee-inpossession. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Premises are adeyuate to discharge the Indebtedness Secured Hereby. Trustor represents and agrees that no rent has been or will be paid by any person in possession of any portion of the Premises for more than one installment in advance and that the payment of none of the rents to accrue for any portion of the Premises have been or will be waived, released, reduced, discounted, or otherwise discharged or compromised by the Trustor. In the event of default, Trustor shall not exercise any right of set-off against any person in possession of any portion of the Premises. Trustor further agrees that Trustor will not execute ar agree to any subsequent assignment of any of the rents or profits from the Premises without the prior written consent of Beneficiary. 21. TRUSTORIS ACKNOWLEDGMENT. Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did acknowledge in writing and hereby confirms again said acknowledgment that(a)the Deed of Trust executed herein is not a mortgage but a trust deed and (b) the power of sale provided for in this Deed of Trust provides substantially different rights and obligations to the Trustor than a mortgage in the event of a default or breach of any obligation. IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR: PROFFUTT LIMITED PARTNERSHIP, a Minnesota limited partnership BY: RDO, INC., a Minnesota corporation, General Partner By: Na Title: , d/� �