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<br />200700683 <br /> <br />, . <br /> <br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Trustor will keep the Property in good condition <br />and make all repairs that are reasonably necessary. Trustor shall not commit or allow any waste, impairment, or <br />deterioration of the Property, Trustor will keep the Property free of noxious weeds and grasses. Trustor agrees that the <br />nature of the occupancy and use will not substantially change without Beneficiary's prior written consent. Trustor will not <br />permit any change in any license, restrictive covenant or easement without Beneficiary's prior written consent. Trustor will <br />notifY Benef1ciary of all demands, proceedings, claims, and actions against Trustor, and of any loss or damage to the <br />Property. <br /> <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br />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 /> <br />II. AUTHORITY TO pr';RFORM. If Trustor 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 arpoints BeneficialY as <br />attorney in fact to sign Trustor's name or pay any amount necessary for performance. Beneficiary s right to perform for <br />Trustor shall not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from <br />exercising any of Beneficiary's other rights under the law or this Security Instrument. If any construction on the Property <br />is discontinued or not carried on in a reasonable manner, Beneficiary may take all steps necessary to protect Beneficiary's <br />security interest in the Property, including completion of the construction. <br /> <br />12. ASSIGNMENT OF LEASES AND RENTS. Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of Beneficiary, as additional security all the right, title and interest in and to any and all existing or future leases, <br />subleases, and any other written or verbal agreements for the use and occupancy of anYJortion of the Property, including <br />any extensions, renewals, modifications or substitutions of such agreements (all referre to as "Leases") and rents, issues <br />and profits (all referred to as "Rents"). Trustor will promptly provide Beneficiary with true and correct copies of all <br />existing and future Leases. Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default under <br />the terms of this Security Instrument. <br /> <br />Trustor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Beneficiary is <br />entitled to notify any of Trustor's tenants to make payment of Rents due or to become due to Beneficiary. However, <br />Beneficiary agrees that only on default will Beneficiary notify Trustor and Trustor's tenants and make demand that all <br />future Rents be paid directly to Beneficiary. On receiving notice of default, Trustor will endorse and deliver to Beneficiary <br />any payment of Rents in Trustor's possession and will receive any Rents in trust for Beneficiary and will not commingle <br />the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Trustor <br />warrants that no default exists under the Leases or any applicable landlord/tenant law. Trustor also agrees to maintain and <br />require any tenant to comply with the terms of the Leases and applicable law. <br /> <br />13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Trustor agrees to comply with the <br />provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a <br />planned unit development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the <br />condominium or planned unit development. <br /> <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor <br />will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the <br />purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any <br />time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or <br />the value of the Property is impaired shall also constitute an event of default. <br /> <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Benef1ciary to provide Trustor with <br />notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these <br />limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner <br />provided by law if Trustor is in default. <br /> <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 terms of the Secured Debt, <br />this Security Instrument and any related documents, including without limitation, the power to sell the Property. <br /> <br />~ _ 1994 Bankers Systems. Inc., St. CIO<Jd. MN Form USB-RWT-NE 9/4/2001 <br /> <br />(page 3 of 6) <br />11006485 <br />