�� `° � ��� .� � � � � 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 />
|