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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 n�tify Lender.
<br />If Crantor negler,ts or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's
<br />option, enforce compliance. Cirantor will not sublet, madify, extend, cancel, or otherwise alTer Zhe Leases, nr 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 />negli�ence nr intention�l torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss
<br />or damage that Lender may incur when Lender apis to exercise any of its remedies against ar7y party obligated under
<br />the Leases,
<br />15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit
<br />development, 7rustor will perfonn all of Trustor's duties under the covenants, by-laws, or regulations of the
<br />condominium or planned unit development.
<br />16. bEFAULT. 7rustor will be in default if any af the fnllbwing occur:
<br />A. Any party obligated on the 5ecured Debt fails to make payment when due;
<br />B. A breach of any term or covenant in this Deed of Trust, any prior mortgage or any cor7structian Inan agreement,
<br />security agreement ar any other document evidencing, guarantying, securing or otherwise relating to the
<br />5ecured Debt;
<br />C. The making or furnishing of any verbal or written representation, statement or warranty tn Fseneficiary that is
<br />false or incorrect in any material respect by Trustor or any person or entity obligated on the Secursd Debt;
<br />D. The death, dissolution, appointment of a receiver for, or application of any debtor relief law to, Trustor or any
<br />person or entity obligated an the Secured De6t;
<br />E. A good faith belief by BeneFiciary at any time that Beneficiary is insecure with respect to any person or entity
<br />obligated �n the 5ecured Debt or that the prospect of any payment is impaired or the Property is impaired;
<br />F. A material adverse change in Trustor's business including ownership, management, and financial conditions,
<br />which Beneficiary in its opinion 6elieves impeirs the value nf the Property or repayment of the Secured Debt; or
<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 cammadity, �s further explained in 7 C.F.R. Part 1�14(7,
<br />5ubpart G, Exhibit M.
<br />17. REMEDIES pN DEFAULT. In some instances, federal and state law will require Beneficiary to provide ?'rustor with
<br />notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions.
<br />Subject to these limitations, iF any, Beneficiary may accelerate the Secured Debt and foreclose this Deed nf Trust iri a
<br />manner provided by law if this Trustor is in default.
<br />At the option of Beneficiary, all or any part af the agreed fees and charges, accrued interest and principal shall become
<br />immediately due and payable, after giving notice if required by law, upon the accurrenre af a default or anytime
<br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other
<br />evidences of de6t, this peed of Trust and any related documents including without limitation, the power to sell the
<br />Property.
<br />If there is a default, Trustee shail, in addition to any other permitted rernedy, 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 cle�r of all right, title and interest of Trustor at such tirrie 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 6e sold as required by the applicable law in effect at the time of the propased sale,
<br />Upon sale of the Prvparty and to the extent not prohibited 6y law, Trustee shall rnake arid deliver a deed to the
<br />Property sald which conveys a6solute title to the purchaser, and after first paying all fees, charges and costs, shall pay
<br />to Beneficiary all moneys advanced for repairs, taxes, insurence, liens, assessments and prior encumhrances and
<br />interest thereon, and the principal and interest ❑n the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary
<br />may purchase the Property. The recitals in any deed of conveyanr.e shall be prima facie evidence of the facts set forth
<br />therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law
<br />or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payrnent or partial payment
<br />on the Secured Debt after the balance is due or is accelerated or efter foreclosure proceedings are filed shall not
<br />constitute a waiver of Beneficiary's right to require full and complete cure of any existing default. By not exercising
<br />any remedy on 7rustor's default, Beneficiary does not waive Beneficiary's right to later consider the event A C�P.fc�LJlt if
<br />it continues or happens again,
<br />18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law,
<br />Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in ZHiis Deed of l�rust, Triastar will
<br />also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property
<br />or in any inventories, audits, inspections or other examination by Beneficiary in respect to the Property. Trustor agrees
<br />to pay all costs and expenses incurred by Beneficiary in enforcing or pratecting Beneficiary's rights and remedies under
<br />this peed of Trust, including, but not (imited to, attorneys' fees, court costs, and other le�al �xpenses. Once the
<br />�=� rpa9P 4 or ei
<br />���� C�-) 1993, 2001 5ankers Systems, Inc„ St. Cloud, MN Form AGCD-RE51 �NE 7/17/2003
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