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6 « � <br />2Q1�OQ170 <br />Trustor subject to Beneficiary's approual, which shall nat be unreasonably withheld. 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 Property according to the terms of this Deed of Trust. <br />All insurance policies and renewais shall be acceptable to Beneficiary and shall include a standerd "mortgage <br />alause" and, where applicable, "beneficiary loss payee clause." Trustar shall immediately notify Beneficiary of <br />cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If <br />Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums end renewal <br />notices. Upon loss, 7rustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may <br />make proof of loss if not made immediately by Trustor. <br />Un�ess Beneficiary and Trustor otherwise agree in writing, insurance prnceeds shall be applied to restoration or <br />repair of the Property damaged if the restoratian or repair is economically feasible and Beneficiary's security is <br />not lessened. If the restoration or repair is not ecanomically 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 />Trustar. If 7rustor abandons the Praperty, or does not answer within 3� days a notice from Beneficiary that the <br />insurance carrier has offered to 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 />Unless Beneficiary and Trustor othorwise agree in writin�}, any application of proceeds to principal shall not <br />extend or postpone the due date of scheduled payments or change the amount vf the payments. If the Property <br />is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to the <br />Property before the acquisition shall pass to Beneficiary ta the extent of the Secured 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 sccident or occurrence in or on <br />the Property. <br />C. Trustor agre�s to maintain rental loss or business interruption insurance, as required by Beneficiary, in an <br />amount equal to at least coverage of nne year's debt service, and required escrow account deposits (if agreed to <br />separately in writing), under a form of policy acceptable to Beneficiary. <br />22. NQ ESCROW F�R TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required ta pay to Beneficiary funds for taxes and insurance in escrow. <br />23. FINANCIAL REPORTS AND ADDITIONAL baCUMENTS. Trustor will provide to Beneficiary upon request, any financial <br />statement or information Beneficiary may deem necessary, Trustor warrants that all financial statements and <br />information Trustor provides to Beneficiary are, or will be, accurate, correct, and complete. Trustor sgrees to sign, <br />deliver, and file as Beneficiary may reasonably request any additional documents or certifications that Beneficiary may <br />con5ider necessary to perfect continue, and preserve Trustor's obligations under this Deed of Trust and Beneficiary's <br />lien status on the Property. If Trustor fails to do so, Beneficiary may sign, deliver, and file such documents or <br />certificates in Trustor'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. JOINT AND INDIVIDUAL LIABILITY; CO-SIdNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Deed <br />of Trust are joint and individual. If Trustor signs this Deed of 7rust but does not sign the Evidence of Debt, Trustor <br />does so only to mortgage 7rustor's interest in the Property to secure payment of the Secured Debt and Trustor does <br />not agree ta be personally liable on the 5ecured Debt. 'Trustor agrees that Beneficiary and any party to this Deed of <br />7rust may extend, modify or make any change in the terms of this Deed of Trust or the Evidence of Debt without <br />Trustor's cansent. Such a change will not release Trustor from the terms of this Deed of Trust. The duties and <br />benefits af t:his Deed of Trust si7all bind and benefit the successors and essigns of Trustor and Beneficiary. <br />If this Deed of Trust secures a guaranty between Beneficiary and Trustor and does not directly secure the obligation <br />which is guarantied, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligation including, 6ut not limited to, anti-deficiency or one-action <br />laws. <br />25. APPLICABLE LAW; SEVERABILITY; INT�IiPRETATION. This beed nf Trust is governed by the laws of the jurisdiction <br />in which Beneficiary is located, except to the extent otherwise required hy the laws of the jurisdiction where the <br />Property is located. This Deed of Trust is complete and fully integrated. 7his 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. If any section or clause of this Qeed of Trust cannot 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 beed 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 �eed of Trust. <br />2fi. SUCCESSOR TRUSl`EE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee by an instrument recorded in the county in which this Deed of Trust is recorded, The successor <br />trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon the <br />Trustee by this Deed of Trust and applicable law. <br />InaB or <br />� � 1993, 2001 Bankare Syatema, Inc., St. Cloud, MN Form AGCO-RE5I-NE 1l17/2003 <br />