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<br />As long as this Assignment is in effect, Grantor warrants and represents that no defauit exists under the Leases, and
<br />the parties subject to #he Leases have not violated any applica6le law nn leases, licenses and landlords and tenants.
<br />Grantar, at its sole cost and expense, will keep, abserve and perfarm, and require all ather parties to thE Leases to
<br />comply with the Leases and any applicable law.
<br />tf Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender.
<br />If Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's
<br />option, enfarce compliance. Grantor will nat sublet, modify, extend; cancel, or otherwise alter the Leases, or 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 fnr the Property's maintenance, depreciation, or other losses or damages
<br />when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross
<br />negligence or intentional torts. Otherwise, Grantor will indemnify Lender and ho�d Lender harmless for all liability, loss
<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 />75. CONDOMINIUMS; PLANNED UNIT �EVELOPMENTS. 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 cavenants, by-laws, or regulations of the
<br />condominium or planned unit development,
<br />16. DEFAULT. Trustor 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 prior mortgage or any constructinn loan agreement,
<br />security agreement or any other dacument evidencing, guarantying, securing or otherwise relating tn 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 material respect by Trustor or any person or entity obligated on the Secured Debt;
<br />D. The death, dissolution, appaintment of a receiver for, or application of any debtor relief law tn, Trustor or any
<br />persnn or entity obligated on the Secured Debt;
<br />E. A good 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 ar the Property is impaired;
<br />F. A material adverse change in Trustor's business including ownership, management, and financial conditions,
<br />which Beneficiary in its opinion 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 contribute to excessive erosinn of highly erodible land or to
<br />the conversion of wetlands tv produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940,
<br />Subpart G, Exhibit M.
<br />97. REMEDI�S ON DEFAUL7. In some instances, federal and state law will require Beneficiary to provide 7rustor with
<br />notice of the right to cure, mediation notices or nther notices and may establish time schedules for foreclasure actions.
<br />Subject to these limitations, if any, Beneficiary may accelerate the Secured De6t and foreclase this beed 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 became
<br />immediately due and payable, after giving notice if required by law, upon the occurrence of a defaul# or anytime
<br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided 6y law, the Evidence of Debt, other
<br />evidences of debt, this Deed of 7'rust and any related documents including without limitation, the power to sell the
<br />Property.
<br />If there is a default, Trugiee 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 absnlute title free and clear af all right, title and interest of 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 nf the
<br />property to 6e sold as required by the applicable law in effect at the time of the proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the
<br />Property sold which cnnveys absolute 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, liens, assessments and prior encumbrances and
<br />interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to 7rustor. Beneficiary
<br />may purchase the Property. 7he recitals in any deed of conveyance shall be prima facie evidence of the facts set farth
<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 nnt. The acceptance by Beneficiary of any sum in payment or partial payment
<br />on the Secured �ebt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not
<br />constitute a waiver of Beneficiary's right to require full and camplete cure of any existing default. By not exercising
<br />any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if
<br />it continues or happens again.
<br />1$. EXPENSES; ADVANCES ON CQVENANTS; ATTORNEYS' FEES; COLLECTION CO5TS. Except when prohibited by law,
<br />Trustnr agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of 7rust. Trustor will
<br />also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property
<br />or in any inventories, audits, inspections or other examinatian by Beneficiary in respect to the Property. Trustor agrees
<br />#o pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under
<br />this Deed af Trust, including, but not limited to, attorneys' fees, court costs, and other legal expenses. �nce the
<br />� Ipaqe 4 of 81
<br />� C71993, 2001 6ankers Systams Inc., 3t. Cloud, ti9N Farm AGEO-RE5I-NE 1/17/2003 _
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