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<br />J , , ~.~ I .\ I .. ... \. ., .; ,~ <br />r . v \f .} . \f .;.1 .". <br /> <br />. , <br /> <br />200809508 <br /> <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 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 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 may <br />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 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 lessened, <br />the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to <br />Trustor. If Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the <br />insurance carrier has offered to settle a claim, then Beneficiary may collect the insurance proceeds, Beneficiary <br />may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due, The <br />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 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 to <br />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 not be <br />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, any financial <br />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 /> <br />24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed <br />of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, Trustor <br />does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does <br />not agree to be personally liable on the Secured Debt. Trustor agrees that Beneficiary and any party to this Deed of <br />Trust may extend, modify or make any change in the terms of this Deed of Trust or the Evidence of Debt without <br />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 <br />laws, <br /> <br />25. APPLICABLE lAW; SEVERABILITY; INTERPRETATION, This Deed of Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is located, except to the extent otherwise required by the laws of the jurisdiction where the <br />Property is located, This Deed of Trust is complete and fully integrated, This Deed of Trust may not be amended or <br />modified by oral agreement, Any section or clause in this Deed of Trust, attachments, or any agreement related to the <br />Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variations by written agreement, If any section or clause of this Deed of Trust cannot be enforced according to its <br />terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Deed of <br />Trust. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the <br />sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the terms of this <br />Deed of Trust, Time is of the essence in this Deed of Trust, <br /> <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 /> <br />~ @1993, 2001 Bank.rs Sy.tem., Ino" St. Cloud, MN Form AGCO.RESI-NE 111712003 t r 4 <br /> <br />~~/4 M'P~ <br />