Laserfiche WebLink
200212986 <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition and <br />make all repairs that are reasonably necessary. Tmsmr shall not commit or allow any waste, impairment, or deterioration <br />ofthe Property. Trustor will keep the Property free of noxious weeds and grasses. Truster agrees that the nature ofthe occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Trustor will not permit any change in any <br />license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will notify Beneficiary ofall <br />demands, proceedings, claims, and actions against Trustor, and equity lass 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 ofinepecting the Property. Beneficiary, shall give Trustor notice at the time ofor 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 Trustor fails to perform any duty or any of the covenants contained in this Security <br />Instrument, Beneficiary may, without not ice, perform or cause them to be performed. Trustor appoints Beneficiary w attorney <br />in fact to sign Truslor's name or pay any amount necessary for performance. Beneficiary's right to perform for Trustor 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 Instrument. If any construction ou the Property is discontinued or not earned <br />on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's security interest in the <br />Property, including completion ofthe construction. <br />12. ASSIGNMENT OF LEASES AND RENTS. Torsion irrevocably grants, conveys and sells to Trustee, m trust for the benefit of <br />Beneficiary, as additional security all the right, title and interest in and many and all existing or future leases, subleases, and any <br />other written or verbal agreements for the use and occupancy of any portion ofthe 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 "). Trustor will promptly provide Beneficiary with true and correct copies of all existing and furore Leases. Truster may <br />collect, receive, enjoy and use the Rents so long as Trustor is not in default under the terms of this Security Instrument. <br />Toaster acknowledges that this assignment is perfected upon the recording of this Decd of Trust and that Beneficiary is entitled to <br />notify any of Touter's tenants to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that <br />only on default will Beneficiary and fy Trustor and Truster's tenants and make demand that all future Rents be paid directly to <br />Beneficiary. On receiving notice of default, Torsion will endorse and deliver to Beneficiary any payment of Rents in Trustor's <br />possession and will receive any Rents in trust 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. Trustor warrants that no default exists under the <br />Leases or any applicable landlord /tenant law. Torsion also agrees to maintain and require any tenant to comply with the <br />terms ofthe Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor 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, Trustor will perform all of Tmstoi s duties under the covenants, by -laws, or regulations of the condominium or planned <br />unit development. <br />14. DEFAULT. Trustor will be in default ifany, party obligated on the Secured Debt fails to make payment when due. Tmsmr 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 of the 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 Trustor 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 Toaster 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 />P.xpereno ® 1994 Bankers Systems, Inc, SL Cloud, MN Porm US13- REDT -NE 9/4!2001 <br />(page 3 of O <br />