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20060170'7 <br />Trustor subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain <br />the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect <br />Beneficiary's rights in the Property according to the terms of this Deed of Trust. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage <br />clause" and, where applicable, "beneficiary loss payee clause.'` Trustor shall immediately notify .Beneficiary of <br />cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If <br />Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal <br />notices. Upon loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary <br />may make proof of loss if not made Immediately by Trustor. <br />Unless Beneficiary and Trustor otherwise agree in writing, ,insurance proceeds shall be applied to restoration or <br />repair of the Property damaged if the restoration or repair Is economically feasible and Beneficiary's security is <br />not lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be <br />lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any <br />excess paid to Trustor. If Trustor abandons the Property, or does not answer within 30 days a notice from <br />Beneficiary that the insurance carrier has offered to settle a claim, then Beneficiary may collect the Insurance <br />proceeds. Beneficiary may use the proceeds to repair or restore the Property or to pay the Secured Debt <br />whether or not then due. The 30 -day period will begin when the notice is given. <br />Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not <br />extend or postpone the due date of scheduled payments or change the amount of the payments. If the Property <br />is acquired by Beneficiary, Trustor's right to any Insurance policies and proceeds resulting from damage to the <br />Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before <br />the acquisition. <br />B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured <br />in an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on <br />the Property. <br />C. Trustor agrees to maintain rental loss or business interruption insurance, as required by. Beneficiary, in an <br />amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed <br />to separately in writing), under a form of policy acceptable to Beneficiary. <br />22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will <br />not be required to pay to Beneficiary funds for taxes and insurance in escrow. <br />23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem necessary. Trustor warrants that all financial statements and <br />information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor agrees to sign, <br />deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneficiary may <br />consider necessary to perfect, continue, and preserve Trustor's obligations under this Deed of Trust and Beneficiary's <br />lien status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustor's name and Trustor hereby irrevocably appoints. Beneficiary or Beneficiary's agent as attorney in <br />fact to do the things necessary to comply with this section. <br />24. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Deed of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, <br />Trustor does so only to mortgage Trustor's interest In the Property to secure payment of the Secured Debt and <br />Trustor does not agree to be personally liable on the Secured Debt. Trustor agrees that Beneficiary and any party to <br />this Deed of Trust may extend, modify or make any change in the terms of this Deed of Trust or the Evidence of Debt <br />without Trustor's consent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties <br />and benefits of this Deed of Trust shall bind and benefit the successors and assigns of Trustor and Beneficiary. <br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation <br />which is guarantied, Trustor agrees tr, waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligation including, but not limited to, anti - deficiency or one - action <br />law s. <br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws of the <br />jurisdiction in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction <br />where the Property is located. This Deed of Trust is complete and fully integrated. This Deed of Trust may not be <br />amended or modified by oral agreement. Any section or clause In this Deed of Trust, attachments, or any agreement <br />related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or <br />impliedly permits the variations by written agreement. If any section or clause of this Deed of Trust cannot be <br />enforced according to its terms, that section or clause will be severed and will not affect the enforceability of the <br />remainder of this geed Trust. Whenever used, the singular shall include the plural and the plural the singular. The <br />captions and headings of the sections of this Deed of Trust are for convenience only and are not to be used to <br />interpret or define the terms of this Deed of Trust. Time is of the essence in this Deed of Trust. <br />26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The successor <br />trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the <br />Trustee by this Deed of Trust and applicable law . <br />Loan Number 1151150 <br />7 / (page 6 of <br />01993, 2001 Bankers Systems, Inc., SL GIOUd, MN Form AGCO- RESI -NE 1117/2003 <br />- C595(NE) (0307).01 U <br />