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<br /> L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section shall
<br /> survive any foreclosure or satisfaction of this Deecl 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. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatenecl, hy private or puhlic
<br /> entities to purchase or take any or all of thz Property, including any easements, through condemnation, eminent domain,
<br /> or any other means. Trustor further agrees to notify Beneficiary of any proce�clings instituted 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 collec;t
<br /> and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary the proc�ds of any award or claim
<br /> for clamagas connected with a condemnation or other taking of all or any part of the Property. Such proce�cls shall he
<br /> considered payments and will be appliecl as provided in this Deecl of Trust. This assignmant of proceeds is subjec;t to the
<br /> terms of any prior security agreement.
<br /> 21. INSURANCE. Trustor agrees to maintain insurance as follows:
<br /> A. Trustor shatl keep the Property insurecl against loss by fire, theft and other hazards and risks reasonahly associated
<br /> with the Property due to its type and location. Other hazards and rusks may inctude, 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 shail be chosen by Trustor suhject to
<br /> Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain thz coverage
<br /> describecl above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the
<br /> Property according to the terms of this Deed of Trust.
<br /> All insurance policies and renewals shall he acceptable to Beneticiary and shall include a standard "mortgage
<br /> clause" and, where applicable, "heneficiary loss payee clause." Trustor shall imm�liately notify Beneficiary of
<br /> cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If
<br /> Beneficiary requires, Trustor shall immecliately give to Beneficiary all receipts of paid premiums and renewal
<br /> notices. Upon loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may
<br /> make proof of loss if not made imme�liately by Trustor.
<br /> Unless Beneftciary and Trustor otherwise agr� in writing, insurance proc�cls shall be appliecl to restoration or
<br /> repair of the Property damagecl 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 he lessenecl, the
<br /> insurance proceecls shall be appliecl to the Secured Debt, whether or not then due, with any excess paid to Trustor.
<br /> lf Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the insurance
<br /> canier has offered to settle a claim, then Beneficiary may collect the insurance proc�ecls. Beneficiary may use the
<br /> proceecls to repair or restore the Property ar to pay the Secured Debt whether or not then due. The 30-day period
<br /> will begin when the notice is given.
<br /> Unless Beneficiary and Trustor otherwise agr�e in writing, any application of proc�cls to principal shall not extend
<br /> or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acyuired
<br /> by Beneficiary, Trustor's right to any insurance policies and proceecis resulting from damage to the Property h�fore
<br /> the acquisition shall pass to Beneficiary to the extent of the Securecl Debt immectiately before the acquisition.
<br /> B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured in
<br /> an amount acceptahle 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 rec{uired by Beneficiary, in an amount
<br /> �ual to at least coverage of one year's debt service, and reyuired escrow account deposits (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�ment, Trustor will not
<br /> be requirecl to pay to Beneficiary funds for taxes and insurance in escrow.
<br /> 23. FINANCIAL REPORTS AND ADDITIONAL DOCUI�'IENTS. Trustor will provide to Beneficiary upon reyuest, any
<br /> financial statement or information Beneficiary may de�m necessary. Trustor warrants that all financial statements and
<br /> information Trustor provides to Beneficiary are, or will be, accurate, correc:t, and complete. Trustor agrees to sign,
<br /> deliver, and file as Beneficiary tnay reasonably reyuest any additional documents or certifications that Beneficiary may
<br /> consider necessary to perfect, continue, and preserve Trustor's obligations under this Deecl 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 or Beneficiary's agent as attorney in fact to do the
<br /> things necessary to comply with this section.
<br /> 24.JOINT AND INDIVIDUAL LIABII.TTY; CO-SIG1�iERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
<br /> this Deecl of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evi�lence of Debt,
<br /> Trustor does so only to mortgage Trustor's interest in the Property to sec;ure payment of the Seeureci Debt and Trustor
<br /> does not agree to be personally liable on the Secured Debt. Trustor agrees that Beneficiary and any party to this Deed of
<br /> Trust may extend, modify or make any change in the terms of this Deed of Trust or the Evidence of Debt without
<br /> Trustor's consent. Such.a change will not release Trustor from the terms of this Deed of Trust. The duties and benefits of
<br /> this Deecl of Trust shall hind and benefit the successors and assigns of Trustor and Beneficiary.
<br /> If this Deecl of Trust secures a guaranty between Beneficiary and Trustor and does not direc;Hy secure the obligation which
<br /> is guarantiecl, Trustor agrees to waive any rights that may prevent Beneficiary from hringing any action or claim against
<br /> Trustor or any party indebted under the obligation including, but not limitecl to, anti-deficiency or one-action laws.
<br /> 25. APPLICABLE LAW; SEVERABII.ITY; INTERPRETATION. This Deed of Trust is governad by the laws of the
<br /> jurisdiction in which Beneficiary is locatecl, except to the extent otherwise reyuired by the laws of the jurisdiction where
<br /> the Property is located. This Deecl of Trust is complete and fully integrated. This Deed of Trust may not be amendecl or
<br /> modified hy oral agreement. Any section or clause in this Deed of Trust, attachments, or any agreement related to the
<br /> Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or implieclly permits the
<br /> variations by written agreement. If any sec;tion or clause of this Deed of Trust cannot be enforced according to its terms,
<br /> that �ec;tion or clause will be severed and will not affect the enforceability of the remainder of this Deed of Trust.
<br /> Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections
<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 Deed of Trust. �;� ►� _ x pape 5 of 6
<br /> c��1893 Benkero Sveteme.Inc..St.Cloud.MN 11-B00-397-23471 Form AG/CO-DT-NE 10/30/97
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