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�� `° � ��� .� � � � � 24100912G <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, wiil 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 notify Lender. <br />If Grantor n�glects or refuses to enfarce compliance with the terms of the Leases, then Lender may, at Lender's <br />option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, ar 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 �osses and damages due to Lender's gross <br />negligence or intentional torts. Otherwise, Grantar will indemnify Lender and hold Lender harmless for all liability, loss <br />or damage that Lender may incur when Lender apts to exercise any of its remedies against any party o6ligated under <br />the Leases. <br />15. CONDOMINIUMS; PL.ANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit <br />development, Trustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the <br />condominium or planned unit develnpment. <br />16. QEFAULT. 7rustor 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 breach of any term or covenant in this Deed of Trust, any priar mortgage or any construction laan agreement, <br />security agreement or any other document evidencing, guarantying, securing or otherwise relating ta the <br />Secured Debt; <br />C. The making or furnishing of any verbal or written representation, statement or warranty to Beneficiary that is <br />false or incorrect in any materiel respect by Trustor or any person or entity obligated on the Secured Debt; <br />p, The death, dissolution, appointment of a receiver for, or application of any debtor relief law ta, Trustor or any <br />person or entity obliggted on the Secured Debt; <br />�. A good faith belief by Beneficiary at any time that Beneficiary is insecure with respect to any person or entity <br />obligated on the 5ecured Debt or that the prospect of any payment is impaired or the Prnperty is impaired; <br />F. A material adverse change in Trustor's business including ownership, management, and financial conditions, <br />which Beneficiary in its opinian believes impairs the value of the Property or repayment of the Secured Debt; or <br />G. Any loan proceeds are used for a purpose that will contri6ute to excessive erosion of highly erodible land or to <br />the conversion of wetlands tn produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, <br />Subpart G, Exhi6it M. <br />77. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor 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 limitatians, if any, Beneficiary may accelerate the Secured bebt 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 of 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 ar anytime <br />thereafter. In addition, Beneficiary shall be entitled to all the remedies pravided by law, the Evidence of Debt, other <br />evidences of debt, this beed 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 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 Trustor at such time and place as Trustee <br />designates. Trus#ee shall give notice of sale including the time, terms ar�d place of sale and a description of the <br />property to be sold as required by the spplicable law in effect at the time of the proposed sale. <br />Upon sale of the Property and ta the extent not prohibited by law, Trustee shall make and deliver a deed to the <br />Property sold which conveys absolute title to the purchaser, and aFter first paying all fees, charges and costs, shall pay <br />to Beneficiary all moneys advanced for repairs, tsxes, insurance, liens, 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 Property. 7he recitals in any deed of conveyanca 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 payment or partial payment <br />on the 5ecured Debt after the balance is due or is accelerated or after foreclosure praceedings are filed shall not <br />constitute a waiver of Beneficiary's right to require full and complete cure of any existing default. By nnt exercising <br />any remedy on Trustor's default, Beneficiary does not waive Beneficisry's right to later consider the event a default if <br />it continues or happens again. <br />1$. EXPENS�S; ADVANC�S ON COVENANT3; ATTORNEYS' FEES; COLL�CTION COS7S. Except when prohi6ited by law, <br />Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed nf Trust. Trustor will <br />also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or prntecting 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 protecting Beneficiary's rights and remedies under <br />this Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal sxpenses. Once the <br />lpage 4 of 8/ <br />�j-� � 1993, 2001 Bankars Systams, Inc., St. Cloud, MN Form AGCO-RESI-NE 1l17/2003 <br />