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� 20110D133 <br />Trustor subject to Beneficiary's apprnval, which shall not be unreasonably withhald. If Trustor fails to maintain <br />the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's <br />rights in the Praperty accnrding to the terms of this beed of Trust. <br />AII insurance pnlicies and renewals shall be accepta6le to Beneficiary and shall include a stendard "mortgage <br />clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately notify Beneficiary af <br />cancellation or terminatian of the insurance. Beneficiary shaii have the right to hold the policies and renewals. If <br />Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal <br />notices. Upan loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may <br />make praof of lass if not made immediately by Trustor. <br />Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to restoration or <br />repair of the Property damaged if the restoration or repair is economically feasibie and Beneficiary's security is <br />not lessened. If the restoration or repair is not economically feasible or Beneficiary's security would be lessened, <br />the insurance proceeds shall be applied to the Secured Debt, whether or not then due, with any excess paid to <br />Trustor. If Trustor abandons the Property, or does not answer within 30 days a notice from Beneficiary that the <br />insurance carrier has offered ta settle a claim, then Beneficiary may collect the insurance proceeds. Beneficiary <br />may use the proceeds to repair or restore the Property or to pay the Secured Debt whether or not then due. The <br />30-day period will begin when the notice is given. <br />UFllass. Seneficiary..'ansl Trustc�r .other3ecis�agce� in writing,. anX_application of . roceeds . ta �rincipal shall not <br />extend or pastpone the due date of scheduled paymen'ts or chan�e the aYnaunf�n�the payme'nt�. i���p�'Ff�t�'��' <br />is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to the <br />Property befare the acquisition shall pass to Beneficiary to the extent nf the 5ecured Debt immediately before <br />the acquisition. <br />B. Trustor agrees to maintain comprehensive general liability insurance naming Beneficiary as an additional insured <br />in an amount acceptable to Beneficiary, insuring against claims arising from any accident or occurrenae in or on <br />the Property. <br />C. Trustor agrees to maintain rental loss or business interruption insurance, as required by Beneficiary, in an <br />amount equal to at least coverage of one year's debt service, and required escrow account depnsits (if agreed to <br />separately in writing►, under a form of policy acceptable to Beneficiary. <br />22. NO ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br />23. FINANCIAL REPOR75 AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary upon request, any financial <br />statement or information Beneficiary may deem necesssry. Trustor warrants that all financial ststements and <br />information Trustor provides to Beneficiary sre, or will be, accurate, correct, and complete. Trustor agrees to sign, <br />deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneficiary may <br />consider necessary to perfect, continue, and preserve Trustor's abligatinns under this Deed of Trust snd Beneficiary's <br />lien status on the Property. If 7rustor fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustnr's name and Trustor hereby irrevocably appoints Beneficiary or Beneficiary's agent as attorney in <br />fact to do the things necessary to comply with this section. <br />24. JQINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS ANQ ASSIGNS BOUND. All duties under this Deed <br />of 1"rust are joint and individual. If Trustor signs this Deed of Trust but does not sign the Evidence of Debt, Trustor <br />does so only to mortgsge Trustor's interest in the Property to secure payment of the Secured Debt and Trustor does <br />not agree to be personally liable an the Secured Debt. Trustor agrees that Beneficiary snd any party to this Deed of <br />Trust may extend, modify or make any change in the terms of this Deed of Trust or the �vidence of Debt without <br />Trustor's consent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties and <br />benefits of thia Deed af Trwst shall bind and benefit the succes�nrs and assigns_of TCU�tor_�n�,BeneficiarX, _. _.. <br />If this Deed of Trust secures a guaranty between Beneficiary and 7rustor and does not directly secure the obligation <br />which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary frnm bringing any action or claim <br />against Trustor or any party indebted under the obligation including, but not limited to, anti-deficiency or one-action <br />laws, <br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is located, except ta the extent otherwise required by the laws of the jurisdiction where the <br />Property is located. This peed of Trust is complete and fully integrated. This Deed of Trust may not be amended or <br />modified by oral agreement. Any section or clause in this Deed of Trust, attachments, or any agreement related to the <br />Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />variations by written agreement. ff any section or clause of this Deed of Trust cannat be enforced according to its <br />terms, that section or clause will be severed and will not affect the enforceability of the remainder of this Deed of <br />Trust. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the <br />sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the terms of this <br />Deed of Trust. Time is of the essence in this Deed of Trust. <br />2B. SUCCESSOR TRUSTEE. Beneficiary, at Beneficisry's nption, may from time to time remove Trustee and appoint a <br />successor trustee by en instrument recorded in the county in which this Deed of Trust is recorded. The successor <br />trustee, without canveyance of the Praperty, shall succeed to all the title, power and duties conferred upon the <br />Trustee by this Deed of 7rust and applicable law. ' <br />i'� � �� (paqe 6 of 81 <br />� Y`.. � <br />M � 1993, 2001 9ankera Syatems, Inc., St. Cloud, MN Form AGCO-RESI-NE 1/17/2003 <br />