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_.. �� . � N A F � +� <br />20100896'7 <br />7rustor subject to Beneficiary's approval, which shall not be unreasonabiy withheld. If l"rustor fails to maintain <br />the coverage described abnve, 8eneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's <br />rights in the Property according to the terms nf this Deed of Trust. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mnrtgage <br />clause" and, where applicable, "beneficiary loss payee clause." Trustnr 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 immediat�ly give to Beneficiary all receipts nf paid premiums and renewal <br />notices. Upnn loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may <br />make proof of loss 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 of the Property damaged if the restoration or repair is economically feasible and Beneficiary's security is <br />not lessened. If the restoratian or repair is nat economically feasible or geneficiary's security would be lessened, <br />the insurance proceeds shall be applied ta the Secured Debt, whether or not then due, with any excess paid to <br />Trustnr. If Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the <br />insurance carrier has offered to settle a claim, then Beneficiary may cnllect 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 notice is given. <br />Unless Beneficiary and Trustor otherwise agree in writing, any application of proceeds to principal shall not <br />extend nr postpone the due date of scheduled payments or change the amount of 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 pebt immediately before <br />the acquisition. <br />B. Trustor agrees to maintain comprehensive general (iability insurance naming Beneficiary as an additional insured <br />in an amaunt acceptable to Beneficiary, insuring against claims arising from any accident or occurrence in or on <br />the Property. <br />C. Trustor agrees to 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 agresd to <br />separately in writing►, under a form af policy acceptable tn Beneficiary. <br />22. NO ESCROW �OFi 7AXES AND INSURANCE. Unless otherwise prnvided in a separate agreement, Trustnr will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />23. FINANCIAL REPORTS AND ADDII'IqNAL pQCUMENTS. Trustor will provide ta Beneficiary upon request, any financial <br />statement ar information Beneficiary may deem necessary. 7rustor warrants that all financia) statements and <br />information 7"rustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor agrees tn sign, <br />deliver, and file as Beneficiary may reasnnably request any additional dncuments or certifications that Beneficiary may <br />consider necessary to perfect, continue, and preserve Trustor's obligations under this Deed of 7rust and Beneficiary's <br />lien status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustnr's name and Trustor hereby irrevocably appoints Beneficiary nr Beneficiary's agent as attorney in <br />fact ta do the things necessary to comply with this section. <br />24. JOIN7 AND INDIVIDUAL LIABILI7Y; CO-SIGN�RS; SUCCES50Fi5 AND ASSIGNS BOUND. All duties under this Deed <br />of Trust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evidence af Debt, Trustor <br />does so nnly to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustnr does <br />not agree to 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 nnt release Trustor from the terms of this Deed of Trust. The duties and <br />benefits nf 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 Trustor and does not directly secure the obligation <br />which is guarantied, 1'rustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligation including, but nnt limited to, anti-deficiency or one-action <br />laws. <br />25. APPLICABLE LAW; 5EVERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws nf the jurisdictian <br />in which Beneficiary is located, 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 Deed of 7rust may not be amended or <br />modified by oral agreement, Any section or clause in this Deed of Trust, attachments, or any agreement related tn the <br />Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variatinns by written agreement. If any section or clause nf 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 captivns and headings nf the <br />sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the terms of this <br />Deed of Trust. Time is of the essence in this Desd of Trust. <br />26. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded. The succ�ssor <br />trustee, without cnnveyance of the Property, shall succeed to all the title, power and duties conferred upon the <br />Trustee by this Deed of Trust and applicable law. <br />P �na�m s or e� <br />�� l MN Form AGCO-RE5I-NE 1/17l2003 �,,.,.,_, <br />M d1893, 2001 eankersSystems, Ine.,�St. Cloe�d, <br />