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201005440 <br />As long as this Aasipnment is in effect, Grantor warrants and represents that no default exists under the Leases, end <br />the portico subject to the Leases have opt violated any applicable law on leases, licensee end landbrds and tenants, <br />Grantor, at its sole cost and expanse, will keep, observe and perform, and require all other parties to the Leases to <br />comply with the Leases and any applicable law. <br />N Grantor qr 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 wilt not sublet, modify, extend, cancel, pr 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 print written consent. <br />Lender does not assume pr become liable for the Propperty's maintenance, depreciation, ar other losses ar damages <br />when Lender acts to manage, protect or preserve the Property, except far lasses and damages due to Lender's gross <br />negligence or intentional tons. 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 pbligated under <br />the Leases. <br />75. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in s nondominium ar a planned unit <br />development, Trustnr will perform all of Trustnr's duties under the cpvananta, by-laws, pr regalatlvns of the <br />condominium ar planned unit development. <br />74. gEFAULT. Truator 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 />B. A 6reaah pf any term of covenant in this Deed of Trust, any prior mortgage nr any construction Iran agreement, <br />security agreement or any other document avidenning, guarantying, securing ar otherwise relating to the <br />Secured Debt; <br />G. The making or furnishing of any verbal or written representation, statement or warranty to Beneficiary that is <br />false or incprrect in any malarial respect by Truator or any person or entity obligated on the Secured Debt; <br />D. The death, disaolutinn, appointment of a receiver for, or application of any debtor relief law to, Truator or any <br />person or entity obligated an the Secured Debt; <br />E. A good faith belief 6y Beneficiary at any time that Beneficiary is insecure with respect to any person or entity <br />obligated on the Secured petit or that the prospect of any payment is impaired ar the Property is impaired; <br />F. A material adverse change in Trustor's business including ownership, management, end financial conditions, <br />which Beneficiary in its opinipn believes impairs the value of the Property or repayment of the Secured Debt; or <br />G. Any loan proceeds are used fpr a purpose that wilt contribute to excessive erosion of highly erodible land or to <br />the conversion of wetlands to produce an agricuinrrat commodity, as further explained in 7 C.F.R. Pan 1940, <br />Subpart G. Exhibit M. <br />t7. REMEDIES ON DEFAULT. In some inatences, federal and state law will require Beneficiary to provide Truator with <br />notice of the right to cure, mediation notices or other notices and may aatabksh time scMedulea for fnreclpaurtr actions. <br />Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Dead of Trust in a <br />manner provided 6y law if this Truster is in default. <br />At the pptipn of Beneficiary, all or any part of the a{frded fees and charges, accrued interest end principal shall become <br />immediately due and payable, after giving notice rf required by law, upon the occurrence of a default or anytime <br />thereafter, In addition, Beneficiary shall be entitled to aN the remedies provided by law, the Evidence of Debt, other <br />evidences of debt, this Deed of Trust and any related documents including without limitation, the power to sell the <br />Property. <br />If there is a defauh, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and <br />convey absolute title free and clear of all right, title and interest of Trustnr et such time and place as Trustee <br />designates. trustee shall give notice of sale including the time, terms and place of sale and a description of the <br />property to ba sold as required by the applicable law in effect at the time of the proposed sale. <br />Upon sale of the Property and to the extant not prohibited by law, Trustee shall make and deliver a deed to the <br />Property sold which conveys absolute tills ip the purchaser, and after first paying all fees, charges and costs, shall pay <br />to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and <br />interest thereon, and the prinnipal and interest on the Secured Debt, paying the surplus, if any, to Trustnr. Beneficiary <br />may purchase the Property. Tha recitals in any deed of conveyanctr shall be prima facie evidence of the facts set Earth <br />therdin. <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to alt remedies provided at law <br />nr equity, whether expressly set forth or not. the acceptance by Beneficiary of any sum in payment or partial payment <br />on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not <br />constitute a waiver of Beneficiary's right to require full and complete aura of any exisTing default. By not exercising <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. <br />18. EXPENSES; ADVANCES ON COVENANTS: ATTORNEYS' FEES; COLLEGTIDN GOS7'S. Except when prohibited by law, <br />Truatar agrees to pay all of Beneficiary's expenses if Truator breaches any covenant in this Dead of Trust. Truatar will <br />also pay an demand all of Beneficiary's expenses incurred in collecting, insuring, preserving ar protecting the Prnparry <br />or in any invantariva, audits, inspections or other examination by Beneficiary in respect to the Property. Truator agrees <br />to pay all oasts and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights end remedies under <br />this peed of Trust, including, but not limited to, attorneys' fees, court casts, and ether legal expenses. Once the <br />(/~'r~ rpepe d q1 91 <br />,~./- .y ®1983, TO01 aankua 9yaNma, Iho., 9L Claud, MN ram AQCO-RFSbNF t/17/R008 v <br />