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,.. ,^, ~.}~q ~ . 2oioo2270 <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 />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, Truster shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may <br />make proof of loss if not made immediately by Trustor. <br />Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration nr <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 ecnnomically 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 Truster abandons the Prnperty, 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 />3p-day period will begin when the notice is given. <br />Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not <br />extend ar postponsl the due date of scheduled payments ar change the. enaowr-t. af~•the payments. If the Property <br />is acquired by Beneficiary, Trustnr'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 lass 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 writingl, under a form of policy acceptable to Beneficiary. <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 />23. FINANCIAL REPORTS AND ADDITIONAL DOCUMEN75. 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 />informaticn 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 sn, 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 />24. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGN5 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 nn 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 nr 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 />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 nr claim <br />against Trustor or any party indebted under the obligation including, but not limited to, anti-deficiency or nne-action <br />laws. <br />28. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This heed 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 6e 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 ar 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 />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 cRnferred upon the <br />Trustee by this Deed of Trust and applicable law. /~f <br />/ /~~ Ipage 6 of 81 <br />~y (91993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO-RESI-NE 1/17/2003 V <br />