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-�,�> _ ,_:�---- <br /> > <br /> - 99 11227�9 <br /> L. Notwithstandiiqg any of the language contained in this Deed of Trust to the contrary, the terms of khis section shall <br /> survive any foreolosure or satisfaction of this De�d 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 contraiy are hereby waived. : <br /> 20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, reai or threatened, by private or public ' <br /> entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent domain, <br /> or any other means. Trustor further agrees to notify Beneficiary of any procaedings 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 collect <br /> and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary the proceeds of any award or claim <br /> for damages connected with a condemnation or other taking of all or any part of the Property. Such procceds shall be <br /> considered payments and will be applied as provided in tlus Deed of Trust. This assignment of proceeds is subject to the <br /> terms of any prior security agreement. : <br /> 21.INSURANCE.Trustor agrees to maintain insurance as follows: <br /> A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably 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 insuranca 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 shaU not be unreasonably withheld. If Trustor fails to maintain the coverage : <br /> described above, Be�ficiary 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 re�wals shall be acceptable to Beneficiary and shall include a standard "mortgage <br /> clause" a�, where applicable, ^beneficiary loss payee clause." Trnstor shall immediately notify Beneficiary of <br /> cancellation or ternunation of the insurance. Be�ficiary shall have the right to hold the policies and renewals. If <br /> ` Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal <br /> notices. Upon loss, Trustor shall give immediate�tice 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 agrce in writing, insurance proce�ds shall be applied to restoration or <br /> repair of the Property damaged if the restorarion or repair is economically feasible and Beneficiary's security is not <br /> lessened. If the restoration or repair is not economically feasible or Be�ficiary'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 /> If Trustor abandons the Praperty, or does not answer within 30 days a notice from Beneficiary that the insurance <br /> carrier has offered to settle a claim, then Be�ficiary may collect the insurance proceeds. Beneficiary may use the <br /> proceads to repair or restora the Property or 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 Trnstor otherwise agree in writing, any application of proceeds to principal shall not extend <br /> or postpone the due date of scheduled payments or change the amount of the pay�nts. If the Property is acquired <br /> by Beneficiary,Trustor's right to any insurance policies and proceeds resulting from damage to the Property before : <br /> the acquisition shall pass to Be�ficiary to the extent of khe Secured Debt immediately before the acquisition. <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 occuirence in or on the <br /> Property. : <br /> C. Trustor agrees to maintain rental loss or busi�ss interruption itisurance, as required by Beneficiary, in an amount <br /> aqual to at least coverage of one year's debt service, and required escrow accouat 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 agreement, Trustor will not <br /> be required 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 necessary. Trustor warrants that all financial state�nts and <br /> infomnation Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor agrees to sign, : <br /> deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneficiary may : <br /> consider necessary to perfect, continue, and preserve Trustor's obligations under this Deed of Trust and Beneficiary's lien : <br /> stahis on the Property. If Trustor fails to do so, Be�ficiary 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 attomey in fact to do the <br /> things necessaty to comply with this section. <br /> 24.JOINT AND INDIVIDUAL LIABII,ITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br /> this Deed of Trust are joint and individual. If Trustor signs this De�d of Trust but dces not sign the Evidance of Debt, <br /> Tr�stor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor <br /> daes not agree to be petsonally liable Qn t�e Secured Debt. Tnastor agreee that Beneficiary and aay p�arty to this Deed of <br /> Trust muy 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 ter�c of this Dced of Trust. The duties and benefits of <br /> this Dced�of Trust shall bind and be�fit the successors and assigns of Trustor and Beneficiary. , , <br /> If this Deed of Trust secures a guaranty between Beneficiary and Trustor and dces 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 /> Tivstor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action laws. <br /> 25.APPLICABLE LAW; SEVERABILITY; IIVTERPRETATION. Tlus Deed of Trust is governad by the laws of the <br /> jurisdiction in wluch Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where <br /> the Property is located. Tlris Deed of Tnist 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 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 impliedly permits the <br /> variations by written agreement. If any section or clause of this Deed of Trust cannot be enforced according to its terms, : <br /> that s�tion or clause will be severed aad will not affect the enforceability of the remainder of tlus Deed of Trust. <br /> Whenever used, the singular shall include the plural and the plural the singulaz. The captions aad headings of the s�tions <br /> of this Dced of Trust are for convenience only and are not to be used to interpret or define the terms of tlus Deed of Tivst. <br /> Time is of the essence in tlus Dead of Trust. . . <br /> F,� , y � pspe 5 of 6 <br /> O 1983 Bmken SyK�m�.Ine..St.Cloud,MN(t-800-987-2947) Form AO/CO-DT-NE 1C/90/87 �� � � i� !v :� � <br />