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RE- RECORDED rr 20v3O3202 2003058, t L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section shall of disposition survive n foreclosure or ofsanyion all is the of rust Any claims and defenses tot tile t contrary c are hereby waived. 20. CONDEMNATION. Trustor will give Beneficiary prompt notice of my action, real or threatened, by private or public entities to purchase or take any or all of the Property , including any casements, through condemnation, eminent domain, or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the Property or any part of it Trustor authorizes Beneficiary to intervene in Trumor's name in any of the above described actions or claims and to collect and receive all sums resulting from the action or claim. Truster assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Deed of Trust. This assibnnrent of proceeds is subject to the terms of any prior security agreement. 21. INSURANCE. Trustor agrees to maintain insurance as follows: A. Truster shall keep the Property insured agahist loss by fire, theft and other hazards and risks reasonably associated with the Property due to its type and location. Other hazmds and risks tray include, for example, coverage against loss due to floods or funding. This insurance shall be maintained in the auroras and for the permds that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to g:neficiary's approval, which shall not be unreasonably withheld. If Truster fails to maintain the coverage described above, Beneficiary may, at Beneficiary S option, Obtain coverage to protect Beneficiary's rights in the Property according to the terins of this Deed of Trust. All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Truster shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Truster. Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and Beneficiary's security is not lessened. lithe restoration or repair is not economically on feasible Beneficiary, du a security would be any excess paid to lessened, the insurance proceeds shall be applied to the Secured Debt, whether If Truster abandons the Property, or does net auwer within 30 days a notice from Beneficiary that the insurance e carrier has offered to settle a clam, then Beneficiary may collect the insurance proceeds. Beneficiary may me proceeds to repair or restore the Property or to pay the Seemed Debt whether or mil then due. The 30-day period will begin when the notice is given. Unless Beneficiary and Truster otherwise agree in writing, my application of proceeds to principal the ip 1 shall is acquired or postpone the due date of scheduled payments or change the amount of the Payments Property by Beneficiary, Trustor's right to my insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured in an amount acceptable to Beneficiary, insuring against claims arising from my accident or occurrence in or on the Property. C. Truster agrees re maintain rental loss or business interruption insurance, as required by Beneficiary, in m amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing), under a form of policy acceptable to Beneficiary. 22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Truster will not be required to pay to Beneficiary fluids for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Truster will provide to Beneficiary upon request, my and financial statement or information Beneficiary may deem necessary. Ttuoir and o financial mplete. Trustor agrees statements that all to sign, information Trustor provides to Beneficiary are, or will be, accurate, correct, deliver, and file as Beneficiary may reasonably request any additional documents or certifications that B.mefieiatY may consider necessary to perfect, continue, and preserve Trustor's obligations under this Deed of Trust and 13encficiay's lien stains on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or certificates in Truster's name and Trustor hereby irrevocably appoints Beneficial or Beneficiary's agent as attorney in fact m do the things necessary to comply with this section. 24. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed of Trust are joint and individual. If Trustor signs this Deed Of Trust but does not sign the Evidence of Debt, Trustor does so only m mortgage Trustor' a interest in the Property to secure payment of the Secur Deob and Deed sof Trust this not agree to be personally liable on the Secured Debt Trustor agrees that Beneficiary and any Party may extend, modify or make any charge in the terms of this Deed of Trust or the Evidence of Debt without Trustor's consent. Such n chmge v+ill not release Trustor from the terms of this Decd of Trust. The duties and benefits of this Deed of Trust shall bind and benefit the successors and assigns of Trustor and Beneficiary. if this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation which is guarantied, Trustor agrees t¢ waive any rights that nay prevent Beneficiary from bringing any action or claim against Truster or any party indebted under the obligation including, but not limited to, anti - deficiency or One- action laws. 25 APPLICABLE LAW which Bene VERAiBs located, IeNxcept of the extent otherwise Deed yuiled bysthe laws of the jurisdiction here the Property is located. "Phis Deed of Trust is complete and filly integrated. This Used of Trust rosy not be amended or modified by oral agreement Any section or clause in this Deed of 'Trust, attachments, or any agreement related to the Seemed Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits One variations by written agreement. If any section or clause of this Deed of Trust cannot be enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Deed of Trust. Whenever used, the singular shall include the plural and the plural the singular. The captions mid headings of the sections of this Deed of Trust are for convenience only and are not to he used to interpret or define the terms of this Deed of Trust. Time is of the essence in this Deed of Trust. -� /� / B IYy'b 199J BenkBrs Sys /ems, 0r -NE Inc.. S/ c,.,, MN Po,m AGIC6 3/9)'2001 �C16a (NEI tot al.9z �r