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200212423 <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Tmstor will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Truster shall net commit or allow any waste, impairment, or deterioration <br />of the Property. Trustor will keep the Property free of noxious weeds and grasses. Truster agrees that the nature of the occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Tmstor will not permit any change in any <br />license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary of all <br />demands, proceedings, claims, and actions against Tmstor, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the <br />purpose of inspecting the Property. Beneficiary shall give Tmstor notice at the time of or before an inspection specifying <br />a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and <br />Trustor will in no way rely on Beneficiary's inspection. <br />11. AUTHORITY TO PERFORM. If Tmstor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without notice, perform or cause them to be performed. Truster appoints Beneficiary as attorney <br />in fact to sign Trustor's time or pay any amount necessary for performance. Beneficiary's right to perform for Tmstor shall not <br />create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under the law or this Security Instmment. If any construction on the Property is discontinued or not carried <br />on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the <br />Property, including completion of the construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Tmstor irrevocably grants, conveys and sells to Trustee, in mast for the benefit of <br />Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any <br />other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, <br />modifications or substitutions of such agreements (all referred to as "Leases') and rents, issues and profits (all referred to as <br />"Rents "). Tmstor will promptly provide Beneficiary with line and correct copies of a0 existing and future Leases. Truster may <br />collect, receive, enjoy and use the Rents so long as Tmstor is not in default under the terms of this Securi ty Instrument. <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trost and that Beneficiary is entitled to <br />notify any of Tmstor's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that <br />only on default will Beneficiary notify Tmstor and Truster's tenants and make demand that all future Rents be paid directly to <br />Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary any payment of Rents in Tmstoi s <br />possession and will receive any Rents in treat for Beneficiary and will not commingle the Rents with any other funds. Any <br />amounts collected will be applied as provided in this Security Instrument. Tmstor warrants that no default exists under the <br />Leases or any applicable landlord/temnt law. Tmstor also agrees to maintain and require any tenant to comply with the <br />tc., of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Tmstor agrees to comply with the provisions <br />of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit <br />development, Tmstor will perform all of Tmstor's duties under the covenants, by -laws, or regulations of the condominium or planned <br />unit development.. <br />14. DEFAULT. Truster will be in default if any party obligated on the Secured Debt fails to make payment when due. Tmstor will be in <br />default if a breach occurs under the terms of this Security Instrument or any other documents executed for the purpose of creating, securing <br />or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any time is insecure with respect to any person or <br />entity obligated on the Secured Debt or that the prospect of any payment or the value ofthe Property is impaired shall also constitute an <br />event of default. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Truster with notice of the right <br />to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Beneficiary may <br />accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Tmstor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due <br />and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Beneficiary shall be <br />entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including <br />without limitation, the power to sell the Property <br />ExpereoM C 1994 Bankers Systems, Inc., St, Cloud, SIN Form USB- REDT -NE 9/4/2001 <br />(pace 3 of o) <br />