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<br />200602160
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<br />As long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and
<br />the parties subject to the Leases have not violated any applicable law on leases I licenses and landlords and tenants.
<br />Grantor, at its sole cost and expense, w ill keep, observe and perform, and require all other parties to the Leases to
<br />com ply with the Leases and any applicable law.
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<br />If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor w ill prom ptly notify
<br />Lender. If Grantor neglects or refuses to enforce com pliance with the term s of the Leases, then Lender may, at
<br />Lender's option, enforce com pliance. Grantor w ill not sublet, modify, extend, cancel, or otherw ise alter the Leases, or
<br />accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent.
<br />Grantor w ill not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written
<br />consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or
<br />damages w hen Lender acts to manage, protect or preserve the Property, except for losses and damages due to
<br />Lender's gross negligence or intentional torts. Otherw ise, Grantor w ill Indemnify Lender and hold Lender harmless for
<br />all liability , loss or damage that Lender may incur w hen Lender opts to exercise any of its remedies against any party
<br />obligated under the Leases.
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<br />15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a
<br />planned unit development, Trustor w ill perform all of Trustor's duties under the covenants, by-law s, or regulations of
<br />the condominium or planned unit development.
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<br />16. DEFAULT. Trustor w ill be in default if any of the follow ing occur:
<br />A. Any party obligated on the Secured Debt fails to make rayment w hen due;
<br />B. A breach of any term or covenant in this Deed 0 Trust, any prior mortgage or any construction loan
<br />agreement, security agreement or any other document evidencing, guarantying, securing or otherw ise relating
<br />to the Secured Debt;
<br />C. The making or furnishing of any verbal or written representation, statement or warranty to Beneficiary that is
<br />false or incorrect in any material respect by Trustor or any person or entity obligated on the Secured Debt;
<br />D. The death, dissolution, appointment of a receiver for, or application of any debtor relief law to, Trustor or any
<br />person or entity obligated on the Secured Debt;
<br />E. A good faith belief by Beneficiary at any tim e that Beneficiary is insecure with respect to any person or entity
<br />obligated on the Secured Debt or that the prospect of any payment is impaired or the Property is impaired;
<br />F. A material adverse change in Trustor's business including ownership, management, and financial conditions,
<br />which Beneficiary in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or
<br />G. A ny loan proceeds are used for a purpose that w ill contribute to excessive erosion of highly erodible land or to
<br />the conversion of wetlands to produce an agricultural commodity, as further explained In 7 C.F.R. Part 1940,
<br />Subpart G, Exhibit M.
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<br />17. REM EDIES ON DEFAULT. In some instances, federal and state law w ill require Beneficiary to provide Trustor with
<br />notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure
<br />actions. Subject to these lim itations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Deed of
<br />Trust in a manner provided by law if this Trustor is in default.
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<br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become
<br />immediately due and payable, after giving notice If required by law, upon the occurrence of a default or anytime
<br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other
<br />evidences of debt, this Deed of Trust and any related docum ents including without lim itation, the power to sell the
<br />Property.
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<br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary,
<br />advertise and sell the Property as a w hole or in separate parcels at public auction to the highest bidder for cash and
<br />convey absolute title free and clear of all riQht, title and interest of Trustor at such time and place as Trustee
<br />designates. Trustee shall give notice of sale Including the time, terms and place of sale and a description of the
<br />property to be sold as reqUIred by the applicable law in effect at the time of the proposed sale.
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<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the
<br />Properly sold which conveys absolute title to the purcftaser, end after first -payifl9 all fees, charges and costs, shaH
<br />pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and
<br />Interest thereon, and the pnncipal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary
<br />may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth
<br />therein.
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<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law
<br />or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payment or partial
<br />payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall
<br />not constitute a waiver of Beneficiary's right to require full and com plete cure of any existing default. By not
<br />exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a
<br />default if it continues or happens again.
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<br />18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
<br />prohibited by law I Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of
<br />Trust. Trusfor w III also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or
<br />protecting the Property or in any inventories) audits, inspections or other examination by Beneficiary in respect to the
<br />Property. Trustor agrees to pay all costs ano expenses incurred by Beneficiary in enforcing or protecting Beneficiary's
<br />rights and remedies under this Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal
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<br />Loan Number 1667056
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<br />r;2 (page 4 of 8)
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<br />~ 01993,2001 Banker. Systems, Inc" St. Cloud, MN Form AGCO-RESI-NE 111712003
<br />..C595(NE) (0307),01
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