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<br /> �� 21�280
<br /> L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of khis section shall
<br /> survive any foreclosure or satisfaction of this Deed 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.CONDIIVIl�TATION. Trustor will give Beneficiary prompt notice of any action, real 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 proceedings instituted for the establishment of any ,
<br /> sewer, water, conservation, ditch, drainag8, or other district relating to or binding upon the Property or any part of it.
<br /> Tivstor suthorizes Beneficiary to i�ntervene in Trustor's name in any of the above described actions or claims and to collect
<br /> and receive all sums resulting_frqm the action or claim. Trustor assigns to Beneficiary the proceeds of any award or claim
<br /> for damages connected vinth a condemnation or other taking of all or any part of the Property. Such proceeds shall be
<br /> considered payments and will be.applied as provided in this Deed of Trust. This assignment of proceeds is subject to the
<br /> terms of any prior security agreem�nt. :
<br /> 21.INSiJRANCE.Trustor agrees to maintain insurance as follows:
<br /> A. Trustor shall keep the Property insured against loss by fire, theft and other hazards a�risks rea.�onably 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 shail be chosen by Trustor subject to
<br /> Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage
<br /> described 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 shaU be acceptable to Beneficiary and shall include a standard "mortgage
<br /> clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately notify Beneficiary of
<br /> cancellation or termination of khe insurance. Beneficiary shall have the right to hold the policies and renewals. If
<br /> Beneficiary requires, Trustor shall immediately give to Be�ficiary all receipts of paid premiums and renev�,al :
<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 immediately by Trustor.
<br /> Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or
<br /> repair of the Property damaged if the restoration or repair is e�onomically feasible and Bex�ficiary's securi is not
<br /> lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be lesse�, the
<br /> insurance procaeds shall be applied to the S�ured Debt, whether or 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 insurance
<br /> ca,rrier has offered to settle a claim, then Beneficiary may collect the insurance proceeds, Beneficiary may use the
<br /> proceads to r�pair or restore 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 Be�ficiary and Trustor 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 payments. 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 Beneficiary to the extent of the Secured Debt immediately before the acquisition.
<br /> B. Trustor agrees to maintain comprehensive generalliability insurance naming Beneficiary as an additional insured in
<br /> an amount acceptable to Bex�ficiary, insuring against claims arising from any accident or occurrence in or on the
<br /> Prol�erh'•
<br /> C. Trustor agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an amount
<br /> equal to at least coverage of one year's debt service, and required escrow account deposits (if agre�d to separately
<br /> in writing), under a form of policy acceptable to Beneficiary. :
<br /> 22.NO ESCROW FOR TAXES AND INS[JRANCE. Unless otherwise provided in a separate agreement, Trustor will not
<br /> be required to pay to Beneficiary funds for t�es and insurance in escmw.
<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 statements and
<br /> information Trustor provides to Beneficiary are, ar 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 /> status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, anci 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 L�ABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
<br /> tlus Deed of Trust are joint and individual. 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 Secured Debt and Trustor
<br /> does not agree to be personally liable on the Secut+�d Detst:°`frustor agrees that��aefi�iary�rnd suy psrty to this Dead 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�t release Trustor from the terms of tlus Deed of Trust. The duties and benefits of
<br /> this Deed�of Trust shall bi�and benefit the successors and assigns of Trustor and Beneficiary. . :
<br /> If this Dead of Trust secures a guaranty between Beneficiary and Tn�.ctor and does not directly s�ure the obligation wluch
<br /> is gaarantied, 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-deficiency or one-action laws.
<br /> 25.APPLICABLE LAW; SEVERABII.ITY; INTERPRETATION. This Deed of Trust is governed 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. This Deed of Trust is complete and fully integrated. This Deed of Trust may not be ame�led or
<br /> modified by oral agreement. Any secHon or clause in this Dead 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 agrcement. If any section or clause of tlus Deed of Trust cannot be enforce�according to its terms,
<br /> that section or clause will be severed and will not affect the enforceability of the remainder of this Dced of Trust.
<br /> Whenever used, the singulaz shall include the pliu�al and the plural the singulaz. 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 Deefl of Trust.
<br /> Time is of the essence in this De�d of Trust. .� t�
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<br /> O 19Y9 Bar�lan 9y�tarm.Ino.,St.Cleud.NFN(1-800-367•2947) Form AO/CO-DT-NE 1D/30/97
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