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200207058
<br />1L LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. creator shall immediately person Lend,, with written notice of any
<br />actual or threatened ectlnn, suit, o 'ether pmcaeding effecting the Property. Grantor hereby appoints Lender as its attorney in fact to Im and deteno such adman dui c or other legal Proceedings and to eompm alma me settle any alarm or controversy
<br />pertaining moral. Le der shall not be liable to Grantor for any event, Orrcer mistake omission mr delay pertaining to the are described In
<br />the paragraph or any damages ....Ing therefrom. Nothing sentenced Fargo will prevent Lender from taking the actions described In this
<br />paragraph In ha own name.
<br />12. INDEMNIFICATION_ Lender Shall not assume or he responsible for the performance of any of Grantor's obligations with 'awed to the
<br />uin
<br />Property under any Girt stance ' Granlorshall immediately provide Iand,, with written notice of and Iohm"re and hold Lender and Its
<br />shareholders directors, officers, employees and agents harmless form all claime damages, liabilities including attorneys fees and legal
<br />ruin a of action, actions, suits and Other legal process dings (cumulerely "Claims "I pertaining In the Property Gneluding, but not
<br />limited to Iri Involving rommous Materlelsl. Greece upon the request of Lender, sM1all hire legal counsel to defend Lender Irvnt such
<br />almaer and pay the attorneys' feee . legal expenses and other costs Incurred In compubOn therewith. In the alternative, Lentler shall be entitled
<br />to em oho is case fora release enhanced in defend sauc this Deed grantors cost Staniar S obllgetion to Indemnify Lender under this paragraph shall
<br />13. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating To Property when due and Lvmerfie ely provide Lender
<br />evidence of payment Of Same. Upon the request of Lender, Grantor shall deposit with Lender eacM1 month one 1wgfdD Il /III at the estimated
<br />annual Insurance shay m, taxes and assessments pertaining in the Property. So long as there A no colonel, these amounts shall be applied to
<br />the payment of taxes, assessments and insurance as required on the Property. In the event at default. Lender shall have the nghe at Its Gain
<br />option, to apply the funds so hold to pay any taxes or against The Obligations. Any funds applied may, at burro s option, be applied In reverse
<br />order of the due data mere ft
<br />14. INSPECTION OF PROPERTY, BOOKS, RECORDS AND REPORTS. Grantor zhall allow Lender or its agents to examine and Inspect the
<br />Property and examine inspect And make copies of Grantor's books and records pertaining to the Property from time to tease. Grantor shall
<br />provide any azsistance required by Lender for these purposes. All of the signatures and Information contained In Grantors books and records
<br />shall be genrnne a curate and complete In all respects. Grantor sM1all note the existence of Lender's boneflclal Internet In Its books and
<br />,uterus pertaining toe the cProperty . AUdeperr fly, Grantor shall report, In a form satisfactory to Lender, such Information as Lander may request
<br />rega riling Grantor a financial hers loon Or the Property. The Infenri shall be for such periods, Shall reflect Grantor a records at such time,
<br />and shall be rendered Arm noun trequency as Lender may designate. All Information furnished by Grantor to Lender shall be may accurate and
<br />complete in all respects, Slid signed by Grantor it Lender gap ... ta_
<br />15. ESTOPPEL CERTIFICATES. Within len 1101 days after any request by Lender Grantor shall dellverto Lender, or any intended transferee of
<br />Lentler'' rehos with ra ial to The Obligations, a z,gold and Acknowledged Statement Relations Is) the outstanding balance on the Obligations;
<br />and no whether Grantor possesses any claims, or seeoMS or accomplished with respect to The Obligations and, If so, the nature of soon
<br />s, delenses, em offs or counterclaims. Grantor will be conclusively bound by any appeal that Lender may make to the intended
<br />transferee with respect to these matters In are event that Grantor rags to season the requested statement in a timely manner.
<br />16. DEFAULT. Grantor shall be In default mmer this Deed of bust and The Trustee power shall became operative In the event that Grantor,
<br />Borrower or any guarantor of the Obligations'.
<br />fad falls to pay any Obligation to Lender when dust
<br />NI 14;19 to F Lure any Obligation or adenine any warranty or covenant In Lender contained in this Deed of Trust or any other
<br />present or future agmemen[ _ n
<br />f) ederooys, dos r damages me Property in any material respect or subjects the Property to bemuse cord ecadon, or renaemnano ,
<br />[dl see ks to revoke, terminate OF Otherwli limit its liability Tnder sly guaranty to Lender;
<br />fat dies, became' legally ineandsocnq Is dissolved or terminated, becomes Insolvent makes an assignment for the benefit of ...dlmm,
<br />fells to pay debts as they hecemO due, files a petNOn under the federal bankruptcy IdaS, has an involuntary petition In bankruptcy filed In
<br />which Grantor, Burrower or any guarantor Is named, or has property taken under any writ or a Gass of count;
<br />Ill allows goods to be Age, transported Or stored on the Property, the possession, lonspO rtadoq or use of which. Is Illegal;
<br />Igl allow any party other Grantor Or borrower to assume or undertake any Obligation without the written annular of mantle[ or
<br />Ito causes Lender o deem Itself insecure due I, significant decline In the vew0 of the Properly, or d Lender. In good Leda, for any
<br />plane, believes that the prospect at payment or performance. is l mmmund
<br />V. RIGHTS OF LENDER ON DEFAULT. If there a a default under this Deed of Trust, Lander shall be entitled to exercise one or more at the
<br />following remedies without entice or demand lexcept as required by Tavel'
<br />dal to dealers the Obligation, immediately due and payable In nrulle
<br />to to eelleet the outstanding Obligations with or without resorting to judicial proceed: r Chattels constituting tM1a ill t0 require Grantor o deliver and make available, To Lender any personal Property o g a a place
<br />reasonably co.... Ittro Grantor and Lcnden _
<br />Idl to upon and lake posaccot of the Property without applying for or obtaining the appointment of a m and, at Lender
<br />option, (IF appoint a aithu t bond, without first bringing suit m the Obligations and without otherwlsecmeeting any statutory
<br />ondifi regarding receivers, It being intended that Lender shall have tM1 L,nm lib actual right to appoint a rep Giver- t
<br />I,I t mplOy a managing norm of the Property and let the some either in Tha e's own Fares In the name of Lender or in the name ml
<br />Grantor, and Lesson the rents, In issues antl profits of the Property and apply rho seme rafter payment of all necessary chokes and
<br />expenses, on account of the Obligations,
<br />iss
<br />pl in pay any sums in any from or manner deemed expedient by Lender to protect the sell of this Deed of Trust or to cure any default
<br />other than payment of Interest or principal on the Obligations;
<br />flit an Idea to liethis Deed of Trust dud ¢ra0y or nonjudelary and to direct the sale or the, property through ¢semi.. ml dte power at sale as
<br />counsel in paragraph 20 figoot in denouements with applicable law;
<br />in to set off Grantor Obligation' against any amounts awed Sector by Linder including, but not limited m, monrea, instrument', and
<br />percent a with Lender r y nv existing " affiliate f Lander d
<br />Ilto g n of available Lender U any other written agreement or applicable law .
<br />lender' rights art cumulative d may b exposed personal, n a 1JV d' Y U to ,let that Lender fiwma t seeking
<br />the recovery of any of till Property by way of a prejudgment emedy in an act against G Grantor i h costing f y bond whim
<br />Fight Otherwise b. required I peace or Landers assesses, may purchase then Property at any sale. Proceeds of any Trustee's Sete hereunder
<br />shall be applied heat, to the costs and expenses of evaluited the power of sale and of the sale, Including The payment of the Tms[m's fees
<br />actually Incurred and not to exceed the amount which may he provided for In this Dead of Trust, sale to payment of the Obligations secured
<br />M1ereby, trend, to the payment of tuner trust damel mortgages, or other IienM1nlders, and the balance, If any, to the person or persona legally
<br />hotted thereto. The prepares or any part thereof may be sold in one parcel, or In inch railroads, manner or order as Lender in Its sole discretion
<br />y Bled, and one or more ¢nemeses at don power herein granted shag not extinguish or exhaust the power unless too enure property Is gold or
<br />the obligations are paid in lull
<br />18. TRUSTEE'S EXERCISE OF POWER OF SALE ON DEFAULT- If Lender elects to of Grantor's Intrust In the Property by exercise of the
<br />power of sale herein contained, Lender shag notify Trortee it the manner then required by law.
<br />Upon receipt OF Such notice or Lender and of the direction of Lender, Trustee Shall pause to ht, recorded, published and deli'led soon notices at
<br />def4uit and actions of sale as may than be repaired bylaw and by this Ease of Trust. Trustee shall only at The direction of Lender and wlthout
<br />demand on Grantor, after such time . may Than be required by law and after recordation of such notice of default and after hake of sole
<br />having been given as banned by phase sell the. Property of the time and place of sale fixed by It In such notice of eaten either as whole or In
<br />Separate lots or p 'turns us Lender hAll deem befordient, d in soon nober as it may determine. t Intel,, auction to the, highest bidder
<br />f [, ,I lawful
<br />money fit United States payable at the f I or as otherwise may then be required by law. 1 rusere shall III to
<br />i Such purchaser or purchases thereof its good unit sufficient dead or dows at crowd the property Id but Arthrout any covenant or
<br />warranty, ei... o 'n coed Tree recitals in Such Fred of any matters or fuels hall be nonclus ve proof of the. truthful thereof Any
<br />Person, m d,dend women limitation, Grantor, heream or Lender, my purchase at ,ach all Trustee. may in the mariner provided by law
<br />postpone sale of all orany portion of the lega ry.
<br />18. REQUEST FOR NOTICES: Grantor requests that a copy of any notice of default and a copy of any notice of Far hereunder be mailed 10
<br />each person who IS a party hereto at address of such per zmn set forth recon at the some area and in the Game. manner required as though a
<br />separate escape manner had been filed by each such From'
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