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<br />',' <br /> <br />200802720 <br /> <br />20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or <br />public entities to purchase or take any or all of the Property, including any easements, through condemnation, <br />eminent domain, or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for <br />the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding UpOn the <br />Property or any part of it. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above <br />described 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 Property. Such proceeds shall be 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 lien document. <br /> <br />21. INSURANCE. Trustor agrees to maintain insurance as follows: <br />A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. Other hazards and risks may include, for example, <br />coverage against loss due to floods or flooding. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. The 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 />coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's <br />rights in the Property according to the terms of this Deed of Trust. <br /> <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 <br />of cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and <br />renewals. If Ben~ficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums <br />and renewal nottces. 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. <br /> <br />Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration <br />or repair of the Property damaged if the restoration or repair is economically feasible and Beneficiary's <br />security is not lessened. If the restoration or repair is not economically feasible or Beneficiary's security <br />would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or not then due, <br />with any excess paid to Trustor. If Trustor abandons the Property, or does not answer within 30 days a notice <br />from Beneficiary that the insurance carrier has offered to settle a claim, then Beneficiary may collect the <br />insurance 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. <br /> <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. <br /> <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 /> <br />23. FINANCIAL 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 this section. <br /> <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 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 ~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. <br /> <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 to 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 laws. <br /> <br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This ~eed of ~rust is governed by the .la'"Ys <;Jf ~he <br />jurisdiction in which Beneficiary is located, except to the extent otherwIse reqUlred by the laws of the jUnSdlctlOn <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 cla.use 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?lhty of the <br />remainder of this Deed of Trust. Whenever used, the singular shall include the plural and the plural the smgular. The <br />captions and headings of the se~tions of this Dee~ of :rrust are for co~ve~ience only and are not to be used to <br />interpret or define the terms of thIS Deed of Trust. TIme IS of the essence m thIS Deed of Trust. <br /> <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. tf <br /> <br />A ~A page5of6 <br /> <br />@ 1993 Bankers Systems, Inc., Sl. Cloud, MN (1-800.397.2341) Form AG/CQ.DT.NE 10/30/{l7W ",' ; i ',' ~ I' ~ <br />