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<br />20. CO~E~ATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or
<br />pu~hc entItles. to purchase or take any or all of the Property, including any easements, through condemnation,
<br />emment ~omam, or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for
<br />the estabhshment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the
<br />Prop~rty or ~ny part ~f it. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above
<br />descn~~d actIOns or claIms and to collect and receive all sums resulting from the action or claim. Trustor assigns to
<br />BenefICIary the proceeds of any award or claim for damages connected with a condemnation or other taking of all
<br />or any part of the .Prop~rty. Such proceeds s.hall b.e considered payments and will be applied as provided in this
<br />Deed of Trust. ThIs. aSSIgnment of proceeds IS subject to the terms of any prior mortgage, deed of trust, security
<br />agreement or other hen document.
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<br />21. INSURANCE. Trustor agrees to maintain insurance as follows:
<br />A. Trus~or shal.l keep the Property ins~red against loss by fire, theft and other hazards and risks reasonably
<br />assocIated Wl.th the Property due to ItS typ~ and l<;>c~tion. Other hazards and risks may include, for example,
<br />coverage agamst loss due to floods or floodmg. ThIS msurance shall be maintained in the amounts and for the
<br />per~ods that Be~e~iciary requires. Th~ insurance carrier providing the insurance shall be chosen by Trustor
<br />subject to BenefICiary's approval, WhICh shall not be unreasonably withheld. If Trustor fails to maintain the
<br />c~)Ver~ge described above, ~eneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's
<br />nghts In the Property accordmg to the terms of this Deed of Trust.
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<br />Allin~~rance policies an.d rene~als sh~ be acceptable to Beneficiary and shall include a standard "mortgage
<br />clause and,. where app~ca~le, benefi'?1ary loss payee c~a~se." Trustor shall immediately notify Beneficiary
<br />of cancellatIOn or. t7rmmatI<;>n of the Insuran~e. BenefICIary shall have the right to hold the policies and
<br />renewals. If Ben~ficIary reqUIres, Trustor shall unmediately give to Beneficiary all receipts of paid premiums
<br />and re,u7wal notices. Upon loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary.
<br />BenefiCiary may make proof of loss if not made immediately by Trustor.
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<br />Unless ~eneficiaryand Trustor other,wise agree in writing, insurance proceeds shall be applied to restoration
<br />or re~aI~ of the Property damaged If t~e restoration or repair is economically feasible and Beneficiary's
<br />secunty IS not lessened. If the restoratIon or repair is not economically feasible or Beneficiary's security
<br />w~)Uld be lessened: the insurance proceeds shall be applied to the Secured Debt, whether or not then due,
<br />WIth any ex~e~s paid to Tru~tor. If Trusto~ abandons the Property, or does not answer within 30 days a notice
<br />~rom BenefICiary that the .1J?-surance carner has offered to settle a claim, then Beneficiary may collect the
<br />msurance proceeds. BenefICiary may use the proceeds to repair or restore the Property or to pay the Secured
<br />Debt whether or not then due. The 30~day period will begin when the notice is given.
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<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
<br />Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from
<br />damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt
<br />immediately before the acquisition.
<br />B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional
<br />insured in an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrence
<br />in or on 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.
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<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.
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<br />23. FlNANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request,
<br />any financial statement or information Beneficiary may deem necessary. Trustor warrants that all financial
<br />statements and information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor
<br />agrees to sign, deliver, and file as Beneficiary may reasonably request any additional documents or certifications
<br />that Beneficiary may consider necessary to perfect, continue, and preserve Trustor's obligations under this Deed of
<br />Trust and Beneficiary's lien status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file
<br />such documents or certificates in Trustor's name and Trustor hereby irrevocably appoints Beneficiary or
<br />Beneficiary's agent as attorney in fact to do the things necessary to comply with tbis section.
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<br />24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties
<br />under this Deed of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evidence of
<br />Debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of. t~e Secureg 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 ~f Debt
<br />without Trustor's consent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties and
<br />benefits of this Deed of Trust shall bind and benefit the successors and assigns of Trustor and Beneficiary.
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<br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligati?n
<br />which is guarantied, Trustor agrees to waive any ~gh~s th.at may prevent B~n~ficiary fro~ b~~ging any action. or clatm
<br />against Trustor or any party indebted under the obhgatIon mcluding, but not limited to, anti-defiCIency or one-action laws.
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<br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This ~eed of ~rust is governed by the .lavys ?f ~he
<br />jurisdiction in which Beneficiary ~s located, except. to the extent other~se reqwred b~ the laws of the JunsdIctIOn
<br />where the Property is located. This Deed of Trust IS complete and fully mtegrated. 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 .c.annot be
<br />enforced according to its terms, that section or clause will be severed and will not affect the enforcea~Ihty of the
<br />remainder of this Deed of Trust. Whenever used, the singular shall include the plural and the plural the SIngular. The
<br />captions and headings of the se~tions of this Dee~ of !rust are for co?-ve~ience only and are not to be used to
<br />interpret or define the terms of thIS Deed of Trust. Tune IS of the essence In thiS Deed of Trust.
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<br />26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint
<br />a 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.
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<br />(Cl1993 Bankers Systems, Inc., 5t. Cloud, MN (1-800.397.2341) Form AGlCO-DT-NE 10130197"'''
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