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.,, .. �� � ,,.:. <br />.. ,� , <br />2oioos�25 � <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 op#ion, obtain coverage to protect Beneficiary's <br />rights in the Property according to the terms af 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 applica6le, "6eneficiary 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, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may <br />make praof of lass if not made immediately by Trustor. <br />Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair nf the Praperty damaged if the restorativn or repair is economically feasible and Beneficiary's security is <br />not lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, <br />the insurance proceeds shsll be applied to the Secured Qeht, whether or not then due, with any excess paid to <br />Trustor. If Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the <br />insurance carrier has offered ta 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 />30-day period will begin when the natice is given. <br />Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not <br />extend or postpone the due date of scheduled payments or change the amount af the payments. If the Property <br />is acquired by Beneficiary, Trustor'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 tv maintain rental loss 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 writing►, 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 ANb A��ITIONAL bOCUMENTS. Trustor will provide ta Beneficiary upon request, any financial <br />statement or information Beneficiary may deem necessary. Trustor warrants that all financial statements and <br />information Trustor prnvides to Beneficiary are, or will be, eccurate, carrect, and complete. Trustor agrees to sign, <br />deliver, and file as Beneficiary may reasonsbly request any additional documents nr 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 Praperty. If Trustnr fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustor's name and Trustor hereby irrevvcably appoints Beneficiary or Beneficiary's agent as attorney in <br />fact to do the things necessary to comply with this sectivn. <br />24. JOINT AND INDIVIDUAL LIABILI7Y; CO-51GNERS; SUCCESSORS AND ASSIONS BQUND. All duties under this beed <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 7rustor's interest in the Property to secure payment af the Secured Debi and Trustor does <br />not agree ta be personally liable on the Secured Debt. 7rustor 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 or the Evidence of Debt without <br />Trustor's consent. Such a change will not release Trustor from the terms af this beed 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 Trustar 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 or claim <br />against Trustor or any party indebted under the abligation including, but not limited to, anti-deficiency or one-action <br />laws. <br />25. APPLICABI,E LAW; SEVERABILITY; INTERPRETATION. This Deed af Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is Iocated, 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 Qeed of Trust may not be amended or <br />modified by oral agreement. Any section or clause in this beed of Trust, attachments, or any agreement related to the <br />Secured Debt that canflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variations by written agreement. If any section or 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 canvenience only and are not ta be used to interpret or define the terms of this <br />Deed of Trust. Time is of the essence in this beed of Trust. <br />2fi. SUCCESSOR 7RUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recvrded in the county in which this beed of Trust is recorded. The successor <br />trustse, without canveyance af the Property, shall succeed to all the title, power and duties conferred upon the <br />Trustee bv this beed of Trust and apvlicable law. <br />�j-� � 1983, 2001 Bankers Syscrma, Inc., St. Cloud, MN Form AGCO-RESI-NE 1/17/2003 <br />/page 6 of 81 <br />