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201005440 change in gwnership of mere than 25 percent of the voting stock of a agrparatien. However, Beneficiary may not demand payment in the above situations rf it is prohibited by law as of the date of this Desd of Trust. 17. ENTITY WARRANTIES AND REPRESENTATIONS. If Truster is an entity other than a natural person (such as a corporation or other organisation), Truster makes to Beneficiary the following warranties and rspresantatians which shall be continuing as long as the Secured Debt romaine outstanding: A. 7rustar is an entity which is duly organized and validly existing in the Trustar's state of incorporation for organizationl. Truster is in good standing in eN states in which Truster transepts business. Truster hea the power and authority to own the Property and to Garry on its buaineas as now being conducted and, as applicable, is qualified tp da so in each state in which Truster operates. B, The execution, delivery and performance of this Decd of Trust by Truster and the obligation evidenced by the Evidence of petit era within the power of Truster, have bean duly authorized, have received all necessary governmental approval, and will opt violate any provision of law, or order of court or governmental agency. C. Other than diaclvaed in writing Truster has not changed its name within the last ten years end has not used any other trade or fictitious name. Without Beneficiary's prior written consent, Truster dons opt and will opt use any ether name and will prbaerve its existing name, trade names and franchises until the 5eaured Debt is satisfied. 72. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Truster will keep the Property in good condRion and make all repairs that era reasonably necessary. Truster will give Beneficiary prompt notice of any loss or damage to the Property, Truster will keep the Property free of noxious weeds and grasses. Truster will oat initiate, join in or consent tv any change in any private restrictive covenant, zoning ordinance nr ether public yr private restriction limiting or defining the uses which may be made pf the Property or any part of the Prpperty, without Beneficiary's prior written consent. Truster will notify Beneficiary of all demands, proceedings, claims, and cations against truster or any other owner made under law or regulation regarding use, ownership and occupancy of the Property. Truster will comply with all legal requirements and restrictions, whether public or privets, with respect to the use of the Property. Truster also egreva that the nature of the occupancy and use will not change without Beneficiary's prior written consent No portion of the Property will be removed, demolished or materially shared without Beneficiary's prior written consent except that Truster has the right to remove items of personal property campriaing a part of the Property that become worn or obsolCte, provided that such perspnal property is replacedd with ether perspnal property at least equal In value to the replaced perspnal property, free from anV title retention device, security agreement nr other encumbrance. Such replacement of perspnal property will be deemed subject to the security interest created by this Deed of Trust. Truster shall not partition ar subdivide the Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for rho purpose of inspecting rite Property. Any inspection of xhe Property shall be entirely for Beneficiary's benefit and Truster will in np way rely vn Beneficiary's inspection. 73. AUTIiDR17Y TD PERFORM. If Truster fails tp perform any of Trustor's dutlea under this peed of Trust, pr any other mortgage, dead of trust, security agreement or other lien document that has priority over this Dead of Trust, Beneficiary may, without notice, perform the duties nr cause them to ba performed. Truster appoint Beneficiary as attorney in fact to sign Trustor's Hams yr pay shy amount necessary for performance. If any construction on the Property is discgntinued qr not carried on in a reasonable manner, Beneficiary may dv whatever is necessary to protect 6aneficiary's security interest in the Property. This may include cpmplating the construction. Beneficiary's right to perform for Truster shell not create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary trpm exercising any of Beneficiary's other rights under the law or this Deed of Trust. Any amounts paid by Beneficiary far insuring, preserving pr otherwise protecting the Property and Beneficiary's security interest will be due on demand and will pear interest tram the data of the payment until paid in full at the interest rate in effect from Hine to time according to the terms of the Evidence of Debt. 74. ASSI#iNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants and conveys to Lender as additional security all the right, title and interest in the following IPropertyi. A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements fqr the use and occupancy of the Property, including but not limited ta, any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and prafita, including but not limited to, security deposits, minimum rants, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable axes, insurance premium contributions, liquidated damages following default, cancallativn premiums, "Ines of rants" insurance, guest receipts, revenues, rpyeltiea, proceeds, bonuses, accounts, cvntracY rights, general intangibles, and all rights and claims which Grantqr may have that in any way pertain to or are pn account pf the use pr occupancy of the whole or any part of the Property IRents). In the avant any rtem listed as Leases ar Rents is determined tp ba personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lander with copies of the Leases and will certify these Leases are true and correct cppiea. The existing Leases will be provided on execution of the Assignment, and all future Lessee and any other information with respect to these Leases will ba provided immediately after they are executed. Grantqr may collect, receive, enpy and use the Rents sa long as Grantor is not in default. Granter will oat collect in advance any Rents due in future lease periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any Rents in trust for Lender and Grantor wilt not pgmmingle the Rants with any other funds. When Lender so directs, Grantor will endorse and deliver any payment of Rant from the Property to Lender. Amounts collected will be applied at Lender's discretion to the 5dcurad Debts, the casts of managing, protecting and preserving the Prpparty, and gthar necessary expenses. Grantor agrees that this Security Inatrumant is Immediate y effective between Granter and Lander and affective as to third parties on the retarding of this Assignment. c~Y ,}t~) ~ rheas 9 0/ 8/ ~ 4 ®1893, 2001 B~nkna Svelema, Irve., 51. Cloud, MN Fwm AGao-gE81-NE l I17/lOp9 v ~ ~ ----------~