Laserfiche WebLink
� 2a11001��- <br />As long as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases, and <br />the parties subject to the Leases have not violated any applicable law on leases, licenses snd landlords and tenants. <br />Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases ta <br />compiy with the Leases and any appiicable law. <br />If Grantor or any party to the Lease defaults or fails to abserve any applicable law, Grantor will prornptly notify Lender. <br />�f Grantor neglects ar refuses to enforce campliance with the terms of the Leases, then Lender mey, at Lender's <br />option, enfarce compliance. Grantor will not su6let, modify, extend, cancel, or otherwise alter the L.eases, 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, subardinate or encumber the Leases and Rents without Lender's prior written consent, <br />Lender dnes not assume or become liable for the Praperty's maintenance, depreciation, or other losses or damages <br />when Lender acts to manage, prntect or preserve the Property, except for losses and damages due to Lender's gross <br />negligence or intentional tnrts. Otherwise, Grantor will indemnify Lender and hald Lender harmless fnr all liability, loss <br />or damage that Lender may incur when Lender opts to exercise any nf its remedies against any party o6ligeted under <br />the Leases. <br />15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit <br />development, Trustor will perfarm all of Trustor's duties under the covenants, by-laws, or regulations of the <br />condominium or planned unit development. <br />16, bEFAULT. Trustor will be in default if any of the following occur: <br />A, Any party obligated on the Secured Debt faiis to make payment when due; <br />B, A breach of any term or covenant iri this Deed of Trust, any priar mortgage or any constrcaction loan agreement, <br />security agreement or any other document evidencing, guarantying, securing or otherwise relating to the <br />Secured Debt; <br />C. The making nr 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, appointment of a receiver for, or application of any dehtar relief law to, Trustor or any <br />person or entity obligated on the Secured Debt; <br />E. A good faith belief by Beneficiary at any time that Beneficiary is insecure with respect ta any person or entity <br />obligated on the Secured Qebt or that the prospect of any payment is impaired or the Praperty is impaired; <br />F, A material adverse change in Trustor's business including ownership, management, and financial conditions, <br />which Beneficiary in its opinion 6elieves impairs the value of the Property or repayment of the Secured Debt; nr <br />G. Any loan proceeds are used for a purpose #hat will contribute to excessive erosian af highly erodible land or to <br />the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.�.R. Part 1940, <br />Subpart G, Exhibit M. <br />77. REMEDIES aN DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor with <br />notice of the right to cure, mediation notices or other notices and may establish time schedules for foreclosure actions. <br />5ubject to these limitations, if any, Beneficiary may accelerate the Secured Qebt and foreclose this Deed of Trust in a <br />manner provided by law if this Trustor is in default. <br />At the option of Beneficiary, alI nr 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, upan the occurrence of a default or anytime <br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other <br />evidences of debt, this Deed of Trust and any related 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 auction to the highest bidder for cash and <br />convey absolute title free and clear of 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 of the <br />prnperty to be sold as required by the applicable law in effect at the time of the proposed sele. <br />Updn sale of the Praperty and to the extent not prohibited by law, Trustee shall make and deliver a deed to the <br />Property sold which conveys a6solute title to the purchaser, and after first paying all fees, charges and costs, 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 De6t, paying the surplus, if any, to Trustor. Beneficiary <br />may purchase the Property. The recitals in any deed af conveyance shall be 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. The acceptance by Beneficiary of any sum in payment or partial payment <br />on the Secured Debt 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 complete cure nf any existing default. By not exercising <br />any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right ta later consider the event a default if <br />it continues or happens again. <br />78. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohi6ited by law, <br />Trustor agress tn pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed 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, inspections or other examination by Beneficiary in respect to the Property. Trustor agrees <br />to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under <br />this Deed of Trust, inc►uding, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the <br />�� m 1993, 2001 Bankaro Syetame, Inc., St. Cloud, MN Form AGCO-FiE51-NE 1/17/2003 <br />. ��� <br />� _r <br />� <br />