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<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 dat� of this Deed of Trust.
<br />17. ENTITY WARRANTIES AND REPRESENTATIONS. �f Trustor is an entity other than a natural person (such as a
<br />corporation or other organizationl, Trustor makes to Beneficiary the following warranties and representations which
<br />shall be continuing as long as the Secured Qebt remains autstanding:
<br />A. Trustor is an entity which is duly organized snd 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 an its business as now being conducted and, as
<br />applicable, is qualified to do so in each state in which Trustor nperates.
<br />B. The execution, delivery and performance of this Deed of Trust by Trustor snd the obligation evidenced by the
<br />Evidence of bebt are within the power of Trustor, have been duly authorized, have received all necessary
<br />govemmental appraval, and will not violate any pravision of law, or order of court or governmental agency.
<br />C. Other than disclosed in writing Trustor has nat changed its name within the last ten years and has not used any
<br />ather trade ar fictitious name. Without Beneficiary's prior written consent, Trustor does not and will not use any
<br />other name and will preserve its existing name, trade names and franchises until the Secured Debt is satisfied.
<br />72. PROPERTY CQNpITION, ALT�RATIQNS AND INSPECTION. Trustor will keep the Property in good condition and make
<br />all repairs that are reasonably necessary, Trustor will give Beneficiary prompt notice of any loss or damage to the
<br />Property. Trustor will keep the Property free of nvxious weeds snd grasses. Trustor will not initiate, jain in or consent
<br />to any change in any private restrictive covenant, zvning ordinance nr other public or private restriction limiting or
<br />defining the uses which may be made of the Property nr any part of the Property, without Beneficiary's prior written
<br />consent. Trustor will notify Beneficiary of all demands, proceedings, claims, and actions against Trustor or any other
<br />owner made under law or regulation regarding use, ownership and occupancy of the Property. Trustor will comply with
<br />all legal requirements and restrictions, whether public or private, with respect ta the use af the Property. Trustor also
<br />agrees that the nature of the occupancy and use will not change without Beneficiary's prior written consent.
<br />No portion of the Property wi�l be removed, demolished or materially altered without Beneficiary's prior written consent
<br />except that Trustor has the right to remove items of personal property comprising a part ot the Property 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 agreement or other encumbrance. Such
<br />replacement of personal property will be deemed subject to the security interest created by this Deed of Trust, Trustnr
<br />shall not partition or subdivide the Property without Beneficiary's prior written cansent. 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 shall be entirely for Beneficiary's benefit and Trustor will in no way rely an
<br />Beneficiary's inspection.
<br />93. AUTMORITY TO PERFORM. If Trustor fails tv perform any of Trustor's duties under this beed of Trust, ar any other
<br />martgage, deed of trust, security agreement or other lien document that has priority over this Deed of Trust,
<br />Beneficiary may, without notice, perform the duties or cause them to be performed. 'frustor appoints Beneficiary as
<br />attorney in fact to sign Trustor's name or pay any amount 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. This may include completing the constructian.
<br />Beneficiary's right to perform for Trustor shall not create an obligation to perform, and Beneficiary's failure to perform
<br />will nnt preclude Beneficiary from exercising any of Beneficiary's other rights under the law or this Deed of 7rust. Any
<br />amounts paid by Beneficiary far insuring, preserving or otherwise protecting the Property and Beneficiary'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 fram time ta time according to the terms of the Evidence of Debt.
<br />14. ASSIGNMENT OF LEASES ANb RENTS. Grantar irrevocably 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, subfeases, licenses, guaranties and any other written or verbal agreements for the use
<br />and accupancy of the Property, including but not limited to, any extensions, renewals, modifications or
<br />reptacements (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 applioable taxes,
<br />insurance premium contributions, liquidatad damages followmg default, cancellatian premiums, "loss of rents"
<br />insurance, guest receipts, revenues, royalties, proceeds, 6onuses, accounts, aontract rights, general intangibles,
<br />and all rights and claims which Grantor may have that in any way pertain to ar are on account of the use or
<br />occupancy of the whole or any part of tha Property (Rents►.
<br />In the event any item listed as Leases or Rents is determmed 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 />capias. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other
<br />information with respect to thase Leases will be provided immediately after they are executed. Grantor may collect,
<br />receive, enjoy and use the Rents sp long as Grantor is 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 Grantar will not commingle the Rents with any other funds. When Lender so directs,
<br />Grantor will endorse and deliver any payments of Rents from the Property to Lender, Amounts collected will be applied
<br />at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other
<br />necessary expenses. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender
<br />and effective as to third parties on the recording of this Assignment.
<br />Ipeqe 81
<br />� c� 1999, 2001 6ankere Syctema, Inc., St, Gloud, MN Form AGCO-RE5I-NE 1l17/2003
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