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:': x:�����:.� � �e':` 241409554 <br />As long as this Assignment is in effect, Grantor warrants and represents that no defeult exists undsr the Leases, and <br />the parties subject ta the Leases have not violated any applicable law on leases, licenses and landlards and tenants. <br />Grantor, at its sole cost and expense, will keep, observe and perform, and require all other perties to the L.eases to <br />comply with the Leases and any applicable law. <br />If Grantor or any party to the Lease defaults or fails to o6serve 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 />nption, enforce compliance. Grantor will not 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 ar become lialale far 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 hold 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 />96. CONDOMINIUMS; PLANNED UM1II7 bEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit <br />development, 7rustor will perform all of Trustor's duties under the covenants, by-laws, or regulations of the <br />condominium or planned unit development. <br />76. DEFAULI'. Tru.star will be in default if any of the Following occur: <br />A, Any party obligated on the Se�ured E3ebt faii�'ta•make payr�en�-�+��rer*+�ue;= �- ��w - � <br />B, A bresch of any term or covenant in this Deed of Trust, any prior mortgage or any constructinn loan agreement, <br />securi#y agreement or any other document evidencing, guarantying, securing or atherwise relating to the <br />Secured Qebt; <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 n6ligated on the Secured Debt; <br />D. The death, dissolution, appointment of a receiver for, or application of any debtor relief law to, trustor or any <br />person or entity obligated on the Secured Debt; <br />E, A good faith belief by Beneficiary st 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 or 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 ar repayment of the Secured Deht; or <br />G. Any loan proceeds are used for a purpose that will contribute to excessive erosion af highly erodible land or to <br />the conversion nf wetlands tn produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, <br />5ubpart G, Exhibit M. <br />17. REMEDIES ON bEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustar 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 limitations, if any, Beneficiary may accelerate the Secured De6t and fnreclose this Deed of Trust in a <br />manner provided by law if this Trustor is in default. <br />At the option of Beneficisry, all or any part of the agreed fees and charges, accrued interest and principal shsll become <br />immediately due and payable, after giving notice if required by law, upon the occurrence of a default nr anytime <br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of bebt, other <br />evidences of debt, this Deed of 7rust and any releted 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 suctinn to the highest bidder for cash and <br />convey absolute title free and clear of all right, title and interest of Trus#or at such time and place as Trustee <br />- " cresigna�es. Trust�� shall gia�'r1o'tice of sale includ�ng t�h� time, terrr and qlace of sale and a descri�tinn o t e <br />property to be 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 nnt 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 far 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, tn Trustor. Beneficiary <br />may purchase the Property. The recitals in any deed of conveyance shall 6e 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. 7he 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 not exercising <br />any remedy on 7rustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if <br />it continues or happens again. <br />18. EXPENSES; ADVANCES ON COVENANTS; ATTQRM�YS' FEES; C�LLECTIQN COSTS. �xcept when prohibited by law, <br />Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Qeed of Trust. 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, inspsctions or other examination by Beneficiary in respect to the Property. Trustar agrees <br />to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficisry's rights and remedies under <br />this Deed af Trust, including, but not limited to, attornays' fees, court cosis, and other legal expenses. Once the <br />�� OO 1993, 2D01 Bankers Systems, Inc., St. Cloud, MN Form AGGO-RESI•NE 1(17/2003 <br />laape 4 I <br />