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<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 viotated any applicable law on leases, licenses and landlords and tenants.
<br />Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to
<br />comply with the Leases and any applicable law.
<br />If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender.
<br />If Grantor neglects or refuses to enforce comp(iance with the terms of the Leases, then Lender may, at Lender's
<br />option, 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 requirey 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 or become liable for the P'roperty'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 />15. CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. If the Property includes a unit in a condominium or a planned unit
<br />deve(opment,- Trustor will perform all of Trustor's duties ; under the covenants,, by-laws, or regulations of the
<br />condominium or planned unit development.
<br />76. DEFAUlT. Trustor will be in default if any of the following occur.
<br />A. Any party obligated on the Secured Debt fails to make payment when due;
<br />B. A breach of-,any term or covenant in this Deed of Trust, any prior mortgage or any construction loan agreement,
<br />security agreement' or any other docurnent ; evidencing, guarantying, securing or otherwise relating to the
<br />Secured Debt;
<br />C. The making or #urnishing 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 debtor 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 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 $eneficiary in its opinion believes impairs the value of the Property or:repayment of theSecured Debt; or
<br />G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly; erodible land or to
<br />the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F:R: Part T940,
<br />Subpart G, Exhibit M.
<br />17. REMEDIES ON DEFAUL7. In some instances, federal and: state law will require Beneficiary to provide Trustor with
<br />notice of the right to cure� notices or other notices and may,establish time schedules for foreclosure actions.
<br />Subject to these lirnitations, if any, Beneficiary may accelerate the Secured Debt 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, all or any part of the agreed fees and charges, accrued-interest and principal shall become
<br />immediately due and payable, after giving notice if required by law, upon 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 cfear of all right, title and inxerest of Trustar 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 />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 not prohibited by law, Trustee shall make and deliver a deed to the
<br />Property sold which conveys absofute titfe to the purchaser after #irst paying all fees, charges a�d costs, sha!! 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 Debt, paying the surplus, if any, to Trustor. Beneficiary
<br />may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth
<br />therein.
<br />A!I remedies are distinet, cumulative and not exclusive, and the Beneficiary is entitled to aIJ 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 acceJerated or after foreclosure proceedings 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 Trustor's default,:Beneficiary does not waive Beneficiary's right to later consider the evert a default if
<br />it continues or happens again.
<br />18. EXPENSES; ADVANCES ON COVENANTS; ATf'ORNEYS':FEES; COLLEC710N COSTS. Except when prohibited by law,
<br />Trustor agrees to 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 Benefieiary 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, including, but not limited to,: attomeys' fees, court costs, and other legal expenses. Once the
<br />�"' � 1993, 2001 Bankers Systems, Inc.�,: St. Cloud, MN Form AGCO-RESI-NE 1/1�l200 �
<br />SG:3L2� �Page 4 of 8J
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