|
' •� -�� .� 20100912�
<br />change in ownership of more than 25 . percent of the voting stock of a corporation. However, Beneficiary may not
<br />demand payment in the above situations if it is prohibited by law as of the date of this Deed of Trust.
<br />11. ENTITY WARRANTIES pND REPRESENTATIONS. If Trustor is an entity other than a natural person (such as a
<br />corparation or other organization�, Trustor makes to Beneficiary the following warranties and representations which
<br />shall be continuing as long as the Secured Debt remains outstanding:
<br />A. Trustor is an entity which is duly organized and validly existing in the Trustor's state of incorporation (or
<br />organization�. Trustor is in good standing in all states in which Trustor transacts business. Trustor has the
<br />power and authority to own the Property and to carry on its business as now being conducted and, as
<br />applicable, is qualified to do so in each state in which Trustor operates.
<br />B. The execution, delivery and performance of this Deed of Trust by Trustor and the o6ligation evidenced by the
<br />Evidence of Debt are within the power of Trustor, have been duly authorized, have received all necessary
<br />governmental approval, and will not violate any provision of law, or order of court or governmental agency.
<br />C. Other than disclased in writing Trustor has not changed its name within the last ten years and has not used any
<br />ather trade or fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not usa any
<br />other name and will preserve its existing name, trade names and franchises until the Secured Qebt is satisfied,
<br />12. PRaPERTY CON�I710N, ALTERATIONS AND INSPECTIQN. Trustor will keep the Property in goad condition and make
<br />all rapairs that are reasonably necessary. Trustor will give Beneficiary prompt notice of any loss or damage ta the
<br />Property. Trustor will keep the Property free of noxious weeds and grasses. Trustar will not initiate, join in or consent
<br />to any change in any private restrictive covenant, zvning ordinance or other public or private restriction limiting or
<br />defining the uses which may be made of the Property or any part of the Property, without Beneficiary's prior written
<br />consent. �Crustor will notify Beneficiary af all demands, proceedmgs, claims, and actions against Trustor or any other
<br />nwner made under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply with
<br />all legal requirements and restrictions, whsther public ar private, with respect to the use of the Property. Trustor also
<br />agrees that the nature of the occupancy and use will nat change without Beneficiary's prior written consent.
<br />No portion of the Property will be removed, demolished or materially altered withaut Beneficiary's prior written consent
<br />except that Trustor has the right to remove items of personal property comprising a part of the Praperty that become
<br />worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value
<br />to the replaced personal property, free from any title retention device, security agresment ar ather encumbrance. Such
<br />replacement of personal praperty will be deemed subject to the security interest created by this Deed of Trust. 7rustor
<br />shall not partitian or subdivide the Property without Beneficiary's prior written consent. Beneficiary or Beneficiary's
<br />agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose of inspecting the
<br />Property. Any inspection of the Property shalt be entirely for Beneficiary's benefit and Trustor will in no way rely on
<br />Beneficiary's inspection.
<br />13. AUTHORITY TO PERFORM. If Trustor fails to perf.orm any of l"rustor's duties under this Deed of Trust, or any other
<br />mortgage, deed of trust, security agreement or other lien document that has priority over this Deed af 7rust,
<br />Beneficiary may, without notice, perform the duties or cause them to be performed. Trustor appoints Beneficiary as
<br />attorney in fact to sign Trustor's name or pay any amaunt necessary for performance. If any construction on the
<br />Property is discontinued or not carried on in a reasonable manner, Beneficiary may do whatever is necessary to protect
<br />Beneficiary's security interest in the Property. 7his may include completing the consiruction.
<br />Beneficiary's right ta perform for Trustor shall not create an obligation to perfarm, and Beneficiary's failure to perform
<br />will not preclude Beneficiary fram exercising any of Beneficiary's other rights under the law or this Deed of Trust. Any
<br />amounts paid by Beneficiary for insuring, preserving or otherwise protecting the Property and Beneticiary's security
<br />interest will be due on demand and will bear interest from the date of the payment until paid in full at the interest rate
<br />in effect from time to time according to the terms of the Evidence of Debt.
<br />9�. A551(3NMENT OF LEASES AND RENTS. Grantor irrevonably assigns, grants and conveys to Lender as additional
<br />security all the right, title and interest in the following (Property►.
<br />A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use
<br />and occupancy of the Property, including but not limited to, any extensions, renewals, modifications or
<br />replacements (Leases►.
<br />B. Rents, issues and profits, including but not limited to, security deposits, minimum rents, percentage rents,
<br />additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes,
<br />insurance premium contri6utions, liquidated damages following default, cancellation premiums, "lass of rents"
<br />insurance, guest receipts, revenues, rayalties, proceeds, bonuses, accounts, contract rights, general intangibles,
<br />and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or
<br />occupancy of the whole or any part of the Property (Rents►.
<br />In the event any item listed as �.eases or Rents is determined to be personal property, this Assignment will also be
<br />regarded as a security agreement.
<br />Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct
<br />copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other
<br />information with respect to these Leases will be provided immediately after they are executed. Grantor may collect,
<br />receive, enjoy and use the Rents so tong as Grantvr �s not in default. Grantor will not collect in advance any Rents due
<br />in future lease periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive any
<br />Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. When Lender so directs,
<br />Grantar will endorse and deliver any payments of Rents fram the Property ta Lender. Amaunts collected will be applied
<br />at Lender's discretion to the 5ecured Debts, the casts of managing, protecting and preserving the Praperty, and other
<br />necessary expenses, Grantor agrees that this 5ecurity Instrument is immediately effective between Grantor and Lender
<br />and effective as to third parties on the recording af this Assignment.
<br />n� /page 3 of 8)
<br />��
<br />��'" � 1993, 20D1 eankora Systema, Inc., St. Cloud, MN Form AGCO,RESI-NE 1/17/2003
<br />
|