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<br /> or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the
<br /> rePlaced personal property, free from any tide retention device, security agreement or other encumbrance. Such
<br /> replacement of personal property will be de�med subject to the security interest created by tlus Deed of Trust. Trustor shall
<br /> not partition or subdivide the Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's agents
<br /> may, at Beneficiary's option, enter the Property at any reaconable time for the purpose of inspecting the Property. Any
<br /> inspaction of the Property shall be entirely for Beneficiary's benefit and Trustor will in no way rely on.Beneficiary's
<br /> inspection. :
<br /> 13.AIJTHORITY TO PERFORM. If Trustoi'fails to perform any of Trustor's duties under this Deed of Trust, or any other
<br /> mortgage, dced of trust, security agreement or other lien document that has priority over this Deed of Trust, Beneficiary
<br /> may, without notice, perform the duties or cause them to be performed. Trustor appoints Beneficiary as attorney, in fact to
<br /> sign Trustor's name or pay any amount necassary for perforn�ance. If any construction on the Property is discontinued or
<br /> not carried on in a reasonable man�r, Beneficiary may do whatever is necessary to protect Beneficiary's security interest
<br /> in the Property. 'I'his may include co�leting the construction.
<br /> Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform
<br /> will not preclude Beneficiary from exercising any of Beneficiary's other rights under the law or tlus Deed of Trust. Any
<br /> amounts paid by Beneficiary for insuring, preserving or otherwise protecting the Property and Beneficiary's security
<br /> interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate in
<br /> effect from time to ti�according to the terms of the Evidence of Debt.
<br /> 14.ASSIGNMEIVT OF LEASES AND REIVTS. Trustor irnevocably grants, conveys and sells as additional security all the
<br /> right, title and interest in and to any and all: ,
<br /> A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and
<br /> occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of
<br /> such agreements(all referred to as "Leases").
<br /> B. Rents, issues and profits (all referred to as "Rents"), including but not limited to security deposits, minimum rent,
<br /> percentage rent, additional rent, common area maintenance charSes, Parkin8 �harges, real estate taxes, other
<br /> applicable taxas, insurance premium contributions, liquidatad damages following default, cancellation premiums,
<br /> "loss of rents" insurance, revenues, royalties, proceeds, bonuses, and all rights and claims which Trustor may have
<br /> that in any way pertains to or is on account of the use or occupancy of the whole or any part of khe Property. :
<br /> Trustor will promptly provide Beneficiary with true and correct copies of aU existing and future Leases. Trustor may :
<br /> collect, receive, enjoy and use the Rents so long as Trustor is not in default. Trustor will not collect in advance any Rents
<br /> due in future lease periods, unless Trustor first obtains Beneficiary's written consent. Upon default, Trustor will receive
<br /> any Rents in tivst for Beneficiary and Ttvstor will not commingle the Rents with any other fimds. Any amounts collected
<br /> shall be applied at Be�eficiary's discretion to payments on the Secured Debt as therein provided, to costs of managing the
<br /> Property, including, but not limited to, all taxes, assessments, insurance premiums, repairs, and commissions to rental
<br /> agents, and to any other necessary related expenses including Beneficiary's attorneys' fees, paralegal fees and court costs.
<br /> Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is
<br /> entitled to notify any of Trustor's tenants to make payment of rents due or to become due to Beneficiary. However,
<br /> Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all
<br /> future Rents be paid directly to Beneficiary. On receiving the notice of default, Trustor will endorse and deliver to
<br /> Be�ficiary any payments of Rent in Trustor's possession.
<br /> Trustor covenants that no default exists w�der the Leases or any applicable landlord law. Trustor also covenants and agrees
<br /> to maintain, and to require the tenants to comply with, the Leases and any applicable law. Trustor will proa�tly notify
<br /> Beneficiary of any noncompliance. If Trustor neglects or refuses to enforce compliance with the terms of the Lea.Ses, then
<br /> Beneficiary may, at Be�ficiary's option, enforce compliance. Trustor will obtain Beneficiary's written authori7ation
<br /> before Trustor consents to sublet, modify, cancel, or otherwise alter the I.eases, to accept the surrender of the Property
<br /> covered by such Leases (unless the Leases so require), or to assign, compromise or encumber the Leasas or any future
<br /> Rents. Tn�stor will hold Be�ficiary harmless and indemnify Beneficiary for any and all liability, loss or damage that
<br /> Beneficiary may incur as a consequence of the assignment under this section.
<br /> 15.CONDODIINIUMS; PLANNED U1�iIT DEVELOPMCNTS. If the Property includes a unit in a condominium or a
<br /> planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the
<br /> condominium or planned unit development. :
<br /> 16.DEFAULT.Trustor will be in default if any of the following occur: :
<br /> A. Any party obligated on the S�ured Debt fails to make payment when due;
<br /> B. A breach of any term or covenant in this Deed of Trust, any prior mortgage or any conshuction loan agreement,
<br /> security agreement or any other document evidencing, guarantying, s�uring or otherwise relating to the Secured
<br /> Debt; '
<br /> C. The making or furnis}ung of any verbal or written representation, statement or warranty to Beneficiary that is false
<br /> or inconect ia any material raspect by Trustor or any person or entity obligated on the Secured Debt;
<br /> D. The death, dissoiution,-appointment of a�ieceiver-fvr,��r-appii�sticm"of anT debtvr.reliof-law to;-Trustor or any -
<br /> person or entity obligated on the Secured Debt;
<br /> E. A good faith belief by Beneficiary at any time khat Beneficiary is insecure with respect to any person or entity
<br /> obligated on the Secured Debt or that the prospect of any payment is impaired or the Property is impaired;
<br /> F. A material adverse change in Trustor's business including ownership, management, and financial conditions, which
<br /> Beneficiary in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or
<br /> G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to the
<br /> conversion of wedands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, Subpart
<br /> G, E�ibit M.
<br /> 17.REMEDIES ON DEFAULT. In some instances, federal and state law will require Benaficiary to pmvide Trustor with
<br /> notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. .
<br /> Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Dced of Trust in a
<br /> manner provided by law if this Trustor is in default.
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<br /> o�aa3 s.�«.svn.m.,i,x.,s�.ciw,a.MN(1-l00-367-2347) Form AO/CO-0T-NE 10/SO/97 :�i� � � ,q► a �;,
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