Laserfiche WebLink
<br />-, <br /> <br />200901554 <br /> <br />Trustor subject to Beneficiqry's qpproval, which shall not be unreqsonably withheld. If Trustor fqils to maintain <br />the coverage described above, Beneficiqry may, at Beneficiary's option, obtain coverage to protect Beneficiqry's <br />rights in the Property according to the terms of this Deed of Tnlst. <br /> <br />All insurance policies and renewals shqll be acceptable to Beneficiary and shall include a standard "mortgqge <br />clquse" qnd, where applicable, "beneficiqry loss payee clause." Trustor shqll immediately notify Beneficiary of <br />cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies qnd renewals. If <br />Beneficiary requires, Trustor shall immediqtely give to Beneficiary all receipts of paid premiums and reneWql <br />notices. Upon loss, Trustor shall give immediate notice to the insurqnce carrier and Beneficiary. Beneficiqry mqy <br />make proof of loss if not made immediately by Trustor. <br /> <br />Unless Beneficiary and Trustor otherwise agree in writing, insurqnce proceeds shall be applied to restorqtion or <br />repair of the Property damqged if the restoration or repair is economically feasible and Beneficiqry's security is <br />not lessened. If the restoration or repair is not economically feasible or Beneficiqry's security would be lessened, <br />the insurance proceeds shall be ilPplied to the Secured Debt, whether or not then due, with any excess pqid to <br />Trustor. If Trustor abandons the Property, or does not answer within 30 days il notice from Beneficiary that the <br />insurance carrier has offered to settle q clqim, then Beneficiary may collect the insurance proceeds. Beneficiilry <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 Wfiting,--s-ny--appl-ication of proceedst-o principalshatl not <br />extend or postpone the due date of scheduled payments or chqnge the amount of the payments. If the Property <br />is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from dmnage to the <br />Property before the acquisition shqll pass to Beneficiary to the extent of the Secured Debt immediately before <br />the qcquisition. <br />B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary qS an additional insured <br />in iln qmount acceptqble to Beneficimy, insuring against claims arising from qny qccident or occurrence in or on <br />the Property. <br />C. Trustor agrees to maintain rentql loss or business interruption insurance, CIS required by Beneficiary, in an <br />amount equal to at least coverage of one yeqr's debt service, and required escrow account deposits (if agreed to <br />separately in writing), under a form of policy qcceptqble to Beneficiary. <br /> <br />22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separqte agreement, Trustor will not be <br />required to Pqy to Beneficiqry 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 Beneficiilry's <br />lien Stiltus on the Property. If Trustor fqils to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustor's name and Trustor hereby irrevocably appoints Beneficiqry 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 blJt 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 thqt Beneficiqry 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 BeneficiClry. <br /> <br />If this Deed of Trust secures q gUqranty between Beneficiary and Trustor and does not directly seCllfe the obligiltion <br />which is guarantied, Trustor agrees to waive any rights thilt milY prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligiltion 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 ilnd fully integrilted. 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 Cilnnot be enforced according to its <br />terms, that section or c1iluse will be severed and will not affect the enforceability of the remilinder of this Deed of <br />Trust. Whenever used, the singular shall include the plural and the pluri'll the singulqr. 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 Beneficiqry's option, may from time to time remove Trustee qnd 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 />Ex.:j5Ei?i::J(tM ((:)1993,2001 8;:;!nkers Systems, lt~~., St. Cloud, MN Form AGCO-RESI-NE 1/17/2003 <br /> <br />cz>>~ ~ <br /> <br />(page 6 of 8) <br />