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<br /> 1? 1 t, 0t l ~.r 201001269
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<br /> As long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and
<br /> the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants.
<br /> Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to
<br /> comply with the Leases and any applicable law,
<br /> If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender,
<br /> If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's
<br /> option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept
<br /> the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Grantor
<br /> will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent.
<br /> Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages
<br /> when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross
<br /> negligence or intentional torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss
<br /> or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under
<br /> of T ustor'slfdthe utiesrounder incl
<br /> the Leases. urn 15. deOve opmefnt, Tru toor will perform DEVELOPMENTS.
<br /> theudcovenants, by--flaws, or egulatiolns nof the
<br /> condominium or planned unit development,
<br /> 16. DEFAULT. Trustor will be in default if any of the following occur:
<br /> A, Any party obligated on the Secured Debt fails to make payment when due;
<br /> o herw ae loyal ti agreement
<br /> B. A breach of any term or covenant in this Deed of Trust, any prior mortgage any construction
<br /> to the
<br /> security agreement or any other document evidencing, guarantying, securing
<br /> Secured Debt;
<br /> C. The making or furnishing of any verbal or written representation, statement or warranty to Beneficiary that is
<br /> false or incorrect in any material respect by Trustor or any person or entity obligated on the Secured Debt;
<br /> Q. The death, dissolution, appointment of a receiver for, or application of any debtor relief law to, Trustor or any
<br /> person or entity obligated on the Secured Debt; arson or entity
<br /> E. A good faith belief by Beneficiary at any time that Beneficiary is insecure with respect to any p
<br /> obligated on the Secured Debt or that the prospect of any payment is impaired or the Property is impaired; con F. A material
<br /> Secured Dbt;oor
<br /> which Beneficiary in it aopinion believes impairs the value l of the Property or repayment of andthfinanci
<br /> G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to
<br /> the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940,
<br /> Subpart G, Exhibit M. ate law 17. REM Dof the ON DEFAULT. cu e, med ation notices or o herrnoticestand may esltablish timeeschedules to provide for foreclosuretactions,
<br /> notice right to
<br /> Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Deed of Trust in a
<br /> manner provided by law if this Trustor is in default.
<br /> required by law, accrued interest defaulthorl anyti
<br /> i me
<br /> after giving onotice agreed fees
<br /> At the option of m ediattely Bandenefipayciary, all or any part
<br /> Y
<br /> evidences of debt, this Deed cofrTrust land any related documents including without llimitaton,vthenpowerDtbselltthe
<br /> threafter. In addition, Property.
<br /> If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, or in
<br /> r cash and
<br /> the
<br /> separa
<br /> convedvertis absolutelltitle freeeandaclearNoflall right ttleta d intlere tpoflTrustoroattsuch tmee ndl pllaceoas T ustee
<br /> designates. Trustee shall give notice of sale including the time, terms and place of sale and a description oft the
<br /> property to be sold as required by the applicable law in effect at the time of the proposed sale, and d the
<br /> whichr conveys and to th extent not prohibited law, Trustee absolutetitle to the purchaser, a d after fi st payinghalllfees, cha g seandreosts,eshall pay
<br /> Upon sale of the
<br /> Property sold
<br /> to Beneficiary all moneys advanced for repairs, taxes insurance, liens, assessments and prior encumbrances an
<br /> interest
<br /> purchase the Property. Thearec als inrany deed of ,conveyan conveyance l paying be prima facie evidence of the facts esetlfo th
<br /> may therein. ll remedies
<br /> provid d at law
<br /> or dnonot t. exclusive, and the
<br /> acceptance by Beneficiary of any Isuminapayment or patialepayment
<br /> All remedies distinct, are t forthand
<br /> are
<br /> or equity, whether expressly se ter forec
<br /> not on tti constitute eca wai after ciarybance is due or 's right to requiresfull accelerated of alnyuexisptingedefauult. By fioled ng
<br /> cons
<br /> any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if
<br /> it continues or happens again. TS;
<br /> ATTORNEYS 1$. EXPENSES; ADVANCES oA ayEall of B def~Nary's expen es it T ustorEbr achesEanyc o ennantSnEhis Deed of Trust. Trustorlwill
<br /> pay
<br /> ' on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property
<br /> Trustor also
<br /> also pay g
<br /> or in any inventories, audits, inspections or other examination by Beneficiary in respect to the Property. Trustor agrees
<br /> der
<br /> courtcclosts,,eandcother leghtalsexpensesand Oncentthe
<br /> to pay all costs Trusts, including butrnotblimitedito, attorneys (fees or
<br /> this Deed of
<br /> (page 4 BI
<br /> EK15i:-~ 0 1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-REST-NE 1/17/2003
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