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200300886
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Last modified
10/15/2011 2:57:31 PM
Creation date
10/21/2005 3:57:00 PM
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DEEDS
Inst Number
200300886
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M M11 11':, <br />E= <br />Unless Beneficiary and I roster otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged if the restoration or repair is economically feasible and Beneficiary's security is <br />not lessened. If the restoration or repair is not econarnically feasible or Beneficiary's security would be lessened, <br />the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to <br />Truster. If Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the <br />Insurance carrier has offered to settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary <br />may use the proceeds to repair or restore the Property er to pay the Sacured Debt whether or not than due. The <br />30 -day period will begin when the notice is given. <br />Unless Beneficiary and Trustor otherwise agree In writing, any application of pmcaeds to principal shall not <br />extend or postpone the due data of scheduled payments or change the amount of the payments. If the Property <br />is acquired by Beneficiary. Truster's right to any insurance policies and proceeds resulting from damage to the <br />Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt Immediately before <br />the acquisition. <br />B. Trustor agrees to maintain comprehansive general liability insurance naming Beneficiary as an additional insured <br />in an amount acceptahla to Beneficiary, insuring against claims arising from any accident or occurrence in or on <br />the Property. <br />C. fluster agrees to maintain rental loss or business interruption insurance, required by Beneficiary, in an <br />amount equal to at least coverage of one year's- debt service, and required escrow account deposits (if agreed to <br />separately In writing), under a form of policy acceptable to Beneficiary. <br />21. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a %operate agreement, Truster will nal he <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />22. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial <br />statement or information Beneficiary may deem necessary. Trustor warrants that all financial statements and <br />information 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 Truster's obligations under this Deed of Trust and Beneficiary's <br />lien status on the Property. It Iroster fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Truster's name and Trustor hereby irrevocably appoints Beneficiary or Beneficiary's agent as attorney in <br />fact to do the things necessary to comPly with this section. <br />23. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed <br />of Trust are joint and Individual, If Truster signs this Dead of Trust but does not sign the Fvidence of Debt, Trustor <br />does so only to mortgage Tnlster's interest in the Property to secure payment of the Secured Debt and lrustor does <br />not agree to be personally liable on the Secured Debt lrustor agrees that Beneficiary and any party to this Deed of <br />I rust may extend, modify or make any change in the terms of this Decd of Trust or the Evidence of Debt without <br />Truster's consent. Such a change will not release Truslor from the terms of this Deed of Trust. The duties and <br />benefits of this Deed of Trust shall bind and benefit the successors-and assigns of Truster and Beneficiary. <br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation <br />which is guarantied, Truster agrees to waive any rights that may prevent Beneficiary from bringing any action er claim <br />against Truster or any party indebted under the obligation including, but not limited to, anti deficiency or one- action <br />laws. <br />24. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />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 Dead of Trust, attachmcuts, or any agreement related to the <br />Secured Debt that conflicts with applicable law will not he 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 <br />terms, that section or clause will be severed and will not affect the enfurceablllty of tic remainder of this Deed of <br />Trust. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the <br />actions of this Deed of Trust are for convenience only and are not to be used to Interpret or define the terms of this <br />Deed of Trust. Time is of the essence In this Decd of Trust. <br />25. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The successor <br />trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the <br />Tmstse by this Deed of Trust and applicable law. <br />26. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail <br />to the appropriate party's address on page 1 of this Deed of Trust, or to any other address designated in writing. <br />Notice to one truster will be deemed to be notice to all trusters. <br />/� � Icave 5 or et <br />Fj[�g �{ @J19B3. 2001 aenkars SyMemq Inc.. at Cloutl. MN FOim PGl0.aESINE 3/1/i00], <br />
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