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200213693 <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condition and <br />make all repairs that arc reasonably necessary. Tmstor shall not commit or allow any waste, impairment, or deterioration <br />of the Property - 'Trustor will keep the Property free ofnoxious weeds and grasses. Truster agrees that the nature ofthe occupancy <br />and use will not substantially change without Beneficiary's prior written consent. Tristan will not permit any change in any <br />license, restrictive covenant or easement without Beneficiary's prior written consent. 'Duster will notify Beneficiary ofall <br />demands, proceedings, claims, and actions against Truster, and of any loss or damage to the Property. <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, eater the Property at any reasonable time for the <br />purpose of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying <br />a reasonable purpose for the inspection. Any inspection of the Property shall he entirely for Beneficiary's benefit and <br />Truslor will in no way rely on Beneficiary's inspection <br />11. AUTHORITY TO PERFORM. If Truster 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. Trustor appoints Beneficiary as allomcy <br />in fact to sign Trus'lur'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 on the Properly 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 ofthe construction <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grwns, conveys and sells to Trustee, in trust 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 ofthe Property, including any extensions, renewals, <br />modifications or substitutions of such agreements (all refened to as "Leases ") and rents, issues and profits (all referred to as <br />"Bents "). Trustor will promptly provide Beneficiary with true and correct copies of all existing and future Leases. Trustor may <br />collect, receive, enjoy and use the Rents so long as Trustor is nut in default under the terms ofthis Security Instrument. <br />Tinton acknowledges that this assignment is perfected upon the recording ofthis Daed of Trust and that Beneficiary is entitled to <br />notify any of Trus'lor's tenwls to make payment of Rents due or to become due to Beneficiary. However, Beneficiary agrees that <br />only on default will Beneficiury notify Trustor and Trustor's tenants and make demand that all future Rents be paid directly to <br />Beneficiary. On recut ving notice of default, Trustor will endorse and deliver to Beneficiary any payment of Rents in Trustor's <br />possession aM will receive any (tents intrust for Beneficiary and will not commingle the Rents with wry other funds. Any <br />amounts collected will be applied as provided in this Security Instrument. 'Trustnr warrants that no default exists under the <br />Leases or any applicable landlord /tenant law. Trustor also agrees to maintain and require any tenant to comply with the <br />terns of the Leases and applicable law. <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UN I T DEVELOPM EN I S. Trustor agrees to comply with the provisions <br />ufany lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit <br />development, Truster will perform all of Trader'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 if any party obligated on the Secured Debt Fails to make payment when due. Trustor will be in <br />default if a breech occurs under the terms of this Security Instrument or any other documents executed for the purpose ofareaung, securing <br />or guaruntying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at anytime is insecure with respect to any person or <br />entity obligated on the Secured Debtor that the prospect efuny payment or the value ofthe Property is impaired shall also constitute an <br />event ofdefault. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Tmstor with notice of the right <br />to curt 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 bylaw if Trustor is in default. <br />Al the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become immcdiatcly due <br />and payable, after giving notice if required bylaw, 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 ofthe Secured Debt, this Security Instrument and any related documents, including <br />without limitation, the power to sell the Property <br />ExpererM as 1994 Bankers Systems, Inc, St- Cloud, MN Form IISB- RPDT -NL 9/4/2001 <br />(page 3 of 6) <br />