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<br /> 99-1c�s9�s
<br /> L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this sec;tion shall
<br /> survive any foreclosure or satisfaction of this D�d of Trust regardless of any passage of title to Beneficiary or any
<br /> disposition hy Beneticiary of any or all of the Property. Any claims and defenses to the contrary are hereby waived.
<br /> 20. CONDEMNATION. Trustor will give Beueticiary prompt notice of any action, rexl or threatened, by private or puhlic
<br /> entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain,
<br /> or any other meat�s..,T,�ustor further agrees to notify Bzneficiary of any proceedings instituteci for the establishment of any
<br /> sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it.
<br /> Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims and to collect
<br /> and receiv�a�11 s�u��}�lting from the action or claim. Trustor assigns to Beneficiary the proceeds of any award or claim
<br /> for damtiges connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be
<br /> considerecl payments and will be applied as provided in this Deecl of Trust. This assignment of proceecls is suhject to the
<br /> terms of any prior security agreement.
<br /> 21. INSURANCE. Trustor agrees to maintain insurance as follows:
<br /> A. Trustor shall k�ep the Property insurecl against loss by fire, theft and othzr hazards and risks reasonahly associated
<br /> with the Property due to its type and location. Other hazards and rusks may include, for example, coverage against
<br /> loss due to floods or flooding. 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 /> Beneficiary's approval, which shall not he unreasonably withheld. If Trustor fails to maintain the coverage
<br /> described above, Beneficiary may, at Beneficiary's option, ohtain coverage to protec;t Beneficiary's rights in the
<br /> Property according to the terms of this Deed of Trust.
<br /> All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage
<br /> clause" and, where applicable, "beneficiary loss pay� clause." Trustor shall immediately notify Beneficiary of
<br /> cancellation ar termination of the insurance. Beneficiary shall have the right to holcl the policies ancl renewals. If
<br /> Beneficiary reyuires, Trustor shall immecliately give to Beneficiary all receipts of paiJ premiums and renewal
<br /> notices. Upon loss, Trustor shall give immecliate notice to the insurance carrier and Beneficiary. Beneficiary may
<br /> make proof of loss if not made immediately by Trustor.
<br /> Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be appliecl to restoration or
<br /> repair of the Property damagecl if the restoration or repair is ec;onomically feasihle and Beneficiary's security is not
<br /> lessenecl. If the restoration or repair is not economically feasible or Beneficiary's security would he lessenecl, the
<br /> insurance proceeds shall be appliecl to the Secureci Debt, whether ar not then due, with any excess paid to Trustor.
<br /> If Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the insurdnce
<br /> carrier has offered to settle a claim, then Beneticiary may collect the insurance proceeds. Beneficiary may use the
<br /> proceeds to repair or restore the Property or to pay the Secured Deht whether or not then due. The 30-day period
<br /> will begin when the notice is given.
<br /> Unless Beneficiary and Trustor otherwise agree in writing, any ap�lication of proceeds to principal shall not extend
<br /> or postpone the due date of scheduleci payments or change the amount of the payments. If the Property is acyuired
<br /> by Beneficiary, Trustor's right to any insurance policies and procexcls resulting from damage to the Property before
<br /> the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately befare the acyuisition.
<br /> B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured in
<br /> an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on the
<br /> Property.
<br /> C. Trustor agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an amount
<br /> �ual to at least coverag� of one year's debt service, and reyuired escrow account Jeposits (if agreed to separately
<br /> in writing), under a form of policy acceptable to Beneficiary.
<br /> 22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agr�ement, Trustor will not
<br /> be reyuired to pay to Beneficiary funds for taxes and insurance in escrow.
<br /> 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any
<br /> financial statement or information Beneficiary may deem nec;essary. Trustor warrants that all financial statements and
<br /> information Trustor provides to Beneficiary are, or will he, accurate, carrect, and complete. Trustor agrees to sign,
<br /> deliver, and file as Beneticiary may reasonably reyuest any additional documents or certifications that Beneficiary may
<br /> consider n�c:essary to perfect, continue, and preserve Trustor's obligations under this Deed of Trust and Beneficiary's lien
<br /> status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or certificates in
<br /> Trustor's name and Trustor hereby irrevocably appoints Beneficiary ar Beneficiary's agent as attorney in fact to do the
<br /> things necessary to comply with this section.
<br /> 24.JOINT AND INDIVIDUAL LIABILITY; CO-SIGI�IERS; SUCCESSORS AIYD ASSIGNS BOUND. All duties under
<br /> this Deed of Trust are joint and inciividuaL If Trustor signs this Deed of Trust but does not sign the Evidence of Debt,
<br /> Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Securecl Deht and Trustor
<br /> does not agree to he personally liable on the Securecl Debt. Trustor agr�es that Beneficiary and any party to this Deecl of
<br /> Trust may extend, modify or make any change in the terms of this De.ecl of Trust or the Evidence of Debt without
<br /> Trustor's consent. Such a change will not releasz Trustor from the terms of this Deed of Trust. The duties and benefits of
<br /> this Deed of Trust shall bind and benefit the successors and assigns of Trustor and Beneficiary.
<br /> If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation which
<br /> is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim against
<br /> Trustor or any party indebted under the obligation including, but not limited to, anti-de�ciency or one-action laws.
<br /> 25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws of the
<br /> jurisdiction in which Beneficiary is located, except to the extent otherwise reyuired hy the laws of the jurisdiction where
<br /> the Property is located. This Deed of Trust is complete and fully integrated. This Deed of Trust may not be amended or
<br /> modified by oral agreement. Any section or clause in this Deecl of Trust, attachments, or any agreement related to the
<br /> Secured Debt that conflicts with applicable law will not he effective, unless that law expressly or implieclly permits the
<br /> variations by written agre�ment. If any sec;tion or clause of this Deecl of Trust cannot be enforcecl according to its terms,
<br /> that section or clause will be severed and will not affect the enforceability of the remainder of this Deecl of Trust.
<br /> Whenever usecl, the singular shall include the plural and the plural the singular. The captions and headings of the sec;tions
<br /> of this Deed of Trust are for convenience only and are not to be used to interpret or define the terms of this Deecl of Trust.
<br /> Time is of the essence in this De�ecl of Trust.
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<br /> �?1993 6enkers Sv�tems_Inc__St.Clmid MN ILRflf1.407_9�rtn c......er_irn_nr_uc �nionrn� �� �'"��f,�'.�' ���
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