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:� ����:. `��� � �: 2oious9s� <br />As long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and <br />the perties subject to the Leases have not vialated any applicable law nn 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 />It Grantor ar any party tn the Lease defaults or fails to observe any applicabie law, Grantor will promptly notify Lender. <br />If Grantor neglects or refuses tn enfnrce compliance with the terms of the Leases, then Lender may, at Lender's <br />option, enforce compliance. Grantor will nat sublet, modify, extend, cancel, or otherwise alter the Leases, or accept <br />the surrender of the Property covered by the I.eases (unless the l�eases sa require) withaut Lender's cansent. Grantor <br />will nnt assign, compromise, subnrdinate or encumber the Leases and Rents without Lender's prior written consent. <br />Lender does not assume or become liable for the f'roperty's maintenance, depreciation, or other losses or damages <br />when Lender acts to manage, protec# or preserve the Property, except for losses and damages due ta Lender's gross <br />negligence or intentional torts. Otherwise, Grantar will indemnify Lender and hnld Lender harmless for all liability, Inss <br />or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under <br />the Leases. <br />15. CQNDQMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a plann�d unit <br />development, Trustor will perform all of Trustar's duties under the cvvenants, by-Isws, or regulstions of the <br />condnminium nr planned unit development. <br />16, pEFAU�,T. Trustor will be in default if any of the following occur: <br />A. Any party obligated an the Secured 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 construction loan agreement, <br />security agreement or any other documen# evidencing, guarantying, securing or otherwise relating to the <br />5ecured bebt; <br />C. The making or furnishing af any verbal or written representation, statement or warranty to Beneficiary that is <br />false or incorrect in any material respect by trustor or any person or entity obligat�d on the Secured Qebt; <br />D. The death, dissolution, appointment of a receiver for, or application of any debtnr relief law to, Trustor or any <br />persan nr entity nbligated on the Secured Debt; <br />E. A gaod faith belief by Beneficiary at any time that Beneficiary is insecure with respect to any person or entity <br />obligated on the Secured 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 financia► conditions, <br />which Beneficiary in its opinion believes impairs the value of the Property or repayment of the Secured Debt; or <br />G. Any Ioan praceeds are used for a purpose that will contribute to excessive erosion of highly erodible land or to <br />the conversion of wetlands tn praduce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, <br />Subpart G, Exhibit M. <br />17. REM�DI�S ON D�FAULT. In some instances, federal and state law will require Beneficiary to provide Trustnr 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 of Trust in a <br />manner provided by law if this 'Trustor is in default. <br />At the option of Beneficiary, all or any part nf 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 occurrence of a default or anytime <br />thereafter. In additinn, B�neficiary shall be entitled to all 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 default, Trustee shall, in addition to any nther permitted remedy, at the request of the Benefiiciary, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cesh and <br />convey a6solute title free and clear of all right, title and interest af Trustor at 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 be sold as required by the applicable law in effect at the time of the proposed sale. <br />Upnn sale nf the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the <br />Property sold which conveys absnlute title to the purchaser, and after first paying all fees, charges and casts, shall pay <br />to Beneficiary all moneys advanced for repairs, taxes, insurance, lisns, assessments and prior encumbrances and <br />interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary <br />may purchase the F'roperty. The recitals in any deed of canveyance 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 farth or not. The acceptance by Beneficiary of any sum in payment ar partial payment <br />on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall nnt <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 T'rustor's default, Beneficiary does nnt waive Beneficiary's right to later consider the event a default if <br />it continues or happens again. <br />18. EXPENSES; A�VANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, <br />Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches sny covenant in this Deed of Trust. Trustor will <br />also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property <br />nr in any inventories, audits, inspections or other examination by Beneficiary in respect to the Property. Trustar agrees <br />tn pay all costs end expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under <br />this Deed of Trust, including, but not limited to, attorneys' fees, court cos#s, and other legal expenses. Once the <br />�� (page 4 of $/ <br />� �1993, 2D07 6ankers Systems, Inc., 5t.�Cloud, MN Form AGCO•RESI-NE 7/77/2003 <br />