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200301540 <br />Unless Beneficiary and Truster otherwise agree in writing, insurance proceeds shall he applied to restoration er <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 economically 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 />Trustor. If Truster 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 or to pay the Secured Debt whether or not then due. The <br />30 -day period will begin when the notice is given. <br />Ull Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not <br />extend or postpone the due date 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. I rustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional Insured <br />in an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on <br />the Property. <br />C, Truster agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an <br />amount equal to at least coverage of one year's debt service, and required escrow account deposits lit agreed to <br />separately in wril under a form of policy acceptable to Beneficiary. <br />21. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <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 Dead Of Irust and Beneficiary's <br />lien status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or <br />cartiticates in Truster'. name and Trustor hereby irrevocably appoints Beneticiary 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 Trustor signs this Deed of Trust but does not sign the Evidence of Debt, Truslor <br />does so only to mortgage Truster's Interest in the Property to secure payment of the Secured Debt and Truetur does <br />not agree to be personally liable on the Secured Debt. Truster agrees that Beneficiary and any party to this Deed of <br />I rust may extend, modify cr make any change in the terms of this Deed of Trust or the Evidence of Debt without <br />toaster's consent. Such a change will not release Trustor 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 Trustor and Beneficiary. <br />If this Deed of Trost secures a guaranty between Beneficiary and Truster and does not directly secure the obligation <br />which Is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the Obligation including, but not limited to, anti- deficiency or are 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 cause 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 <br />terms, that section or clause will be severed and will not affect the enforceability of the runminder of this Dead of <br />Trust. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the <br />sections 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 Deed of Trust. <br />25. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's notion, may from time to time remove Trustee and appoint a <br />ccessor 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 unto the <br />Trustee by this Deed of Trust and applicable law. <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mall <br />to the appropriate party's address on page 1 of this Deed of Trust, or to any other address designated In writing. <br />Native to one truslor will be deemed to be notice to all trusturs. <br />IPo9e <br />©1993. 3001 Banb�cayxvm; Inc..St. ol-11 MN `V s"o o "l1NE a/ "re' r' (L�/ (}/(()a nz <br />