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200205697 L. Notwithstanding any of the language contained in this Decd of ']'rust m the contrary, the terms of this section shall survive any foreclosure or salisfadion of this Deed of Trost regardless of any passage of title to Beneficiary or any disposition by Beneficiary of any or all of the Property. Any claims and defenses to the contrary arc Ina eby waived. 20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or public entities to purchase or take any or all of the Property, including any casements, through c ademnalinn eminent domain, or any other means. Truster further agrees to notify Beneticmry 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. 'I rurlor authorizes Beneficiary to intervene in Ttustor's name in any of the above described actions nr claims and to collect and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation at other taking of all or any part of the Properly. Such proceeds shall be considered payments and will be applied as provided in this Deed of 'Trust_ 'Phis assignment of proceeds is subject to the Icons of any prior security agreement. 21. INSURANCE. Tmstor agrees to maintain insurance as follows: A, Truster shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably associated with We Pntpetty due to its type and location. Other hazards and rusks may include, for example, coverage against Loss due to floods or flooding. This insurance shall be maintained in the amounts and for the periods that Beneficiary requires. The insurance cattier providing the insurance shall he chosen by Truster subject In Beneficiary's approval, which shall not be unreasonably withheld_ It Truster fails to maintain the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Properly according to the (units of this Deed of Trust. All insurance policies and renewals shall he acceptable to Iieneficiary and shall include a standard "mortgage clause" arid, where applicable, "beneficiary loss payee clause." 'Tmstor shall immediately notify Beneficiary of cancellation or wo,ma ion of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shalt immafiamly give In Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Truster shall give immediate nonce to the insurance carrier and Beneticiary . Beneficiary may make proof of loss if not made htmrediately by Trustor. Unless Beneficiary and Trustor otherwise agree in writing, insurance: proceeds shall he applied to restoration or repair of the Properly damaged if the restoration or repair is economically feasible and Beneficiary's security is not lessened If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, the insurance proceeds shall be applied m the Secured Dchl, whether or not then due, with any excess paid N Truster. If Trustor abandons the Property, or does nut answer within 30 days a notice from Beneficiary that the insurance carrier has offered to settle a claim, then Beneficiary may collect the insurance proceeds_ Beneficiary may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the notice is given. UWess Beneficiary and 'fruslor otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property is acquired by Beneficiary, Ttustor's right to any insurance policies and proceeds resulting from dmrmge W the Properly before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the acquisition. B. 'fruslor apices to maintain comprehensive general liability insurance naming Beneficiary as an additional insured in an amount acceptable N Beneficiary, insuring against claims arising from any accident or occurrence in or on the Property_ C. 'Trustor agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an annual equal to al 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 of c,%visse provided in a separate agreement 'fruslor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. 23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any finmcial statement or information Beneficiary may deem necessary. 'fruslor warrants that all financial statements and ,a o unniou Trustor provides to Beneficiary are, or will be, accurate, correct, and complete- 'Trustor agrees to sign, deliver, and file as Rmtcficisry may reasonably request any additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Tractor's obligations under this Deed of Trust and Bencficiarv's lien status on the Propeny. If 'Tmsmr fails to do so, Beneficiary may sign, deliver, and tilt such documents or certificates in "I iustor's name and Trustor hereby irrevocably appoints Beneficiary or Hencticiary's agent as attorney in fact to do the things necessary m comply with this section. 24. JOINT AND INDIVIDUAL LIARILIT'Y; CO- SIGNERS; SUCCESSORS AND ASSIGNS ROitND. All duties under this' Deed .1 Trust are joint and individual. If Tmstor signs this Deed of 'Crust but does not sign the Evidence of Debt, Truslor does so only to ntongage Ttustot's interest in the Property to secure payment of the Secured Debt and Trustor does not agree to he personally liable on the Secured Debt Trus(ur agrees that Beneficiary and any party to this Deed of Trust may extend, modify or make any change in the terms of this Died of Trull or the P.vidcncc of Debt without 'Trustor s consent Such a change will not release Tmstor from the terms of this Deed of Trust The duties and benefits of this Decd of Trust shall bind and benefit the successors and assigns of Trustor and Beneficiary. II this Deed of 'Crust secures a guaranty hetween Hvia ticiary and Trustor and does not directly s'.ure the obligation whielt is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from hringing any action nr claim against Trustor or any party indebted under the obligation including, but not limited to, anti - deficiency or one - action laws 25. APPLICABLE LAW; SEVERABDdTY; INTERPRETATION. This Deed of Trust is governed by the laws of the jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Deed of 'Trust is complete and fully integrated. This Deed of Trust may not he amended of modified by oral agreement. Any section or clause in this Deed of Trust, attachments, or any agreemeat related to the Secured Debt that conflicts with applicable law will not he effective, unless that law expressly or impliedly permits the variations by written agreement if any section or clause of this Decd of Trust cannot he enforced according to its Icons, that seuimt or clause will be severed and will not affect the enforceability of the remainder of this Deed of 'frost Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Deed of 'frost are for convenience only and are not to he used In interpret or define the terms of this Deed of Trust Tune is of the essence in this Deed of Trust Calµ --\ 1.1._3 Ri, k.rc syemm Inc., St. Cl—d, AN F— AG' CO DT NE 3/B2001