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<br />2Q1f0311�
<br />As long as this Assignment is in effect, Grantor w rrants and represents that no de ault exists under the Leases, and
<br />the parties subject to the Leases have not violate any applicable law on leases, li enses and landlords and tenants.
<br />Grantor, at its sole cost and expense, will keep, bserve and pertorm, 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 fail:
<br />If Grantor neglects or refuses to enforce complia
<br />option, enforce compliance. Grantor will not suble
<br />the surrender of the Property covered by the Leas�
<br />will not assign, compromise, subordinate or encur
<br />Lender does not assume or become liable for the
<br />when Lender acts to manage, protect or preserve
<br />negligence or intentional torts. Otherwise, Grantor
<br />or damage that Lender may incur when Lender opi
<br />the Leases.
<br />to observe any applicable law, C
<br />ce with the terms of the Leas�
<br />modify, extend, cancel, or oth�
<br />s(unless the Leases so require)
<br />ber the Leases and Rents witho
<br />'roperty's maintenance, depreci
<br />ie Property, except for losses ai
<br />vill indemnify Lender and hold Li
<br />to exercise any of its remedies
<br />itor will promptly notify Lender.
<br />then Lender may, at Lender's
<br />iise alte� the Leases, or accept
<br />hout Lender's consent. Grantor
<br />Lender's prior written consent.
<br />m, or other losses or damages
<br />damages due to Lender's gross
<br />ler harmless for all liability, loss
<br />�ainst any party obligated under
<br />15. CONDOMINIUMS; PLANNED UNIT DEVELO
<br />development, Trustor will perform all of
<br />condominium or planned unit development.
<br />16. DEFAULT. Trustor will be in default if any of the f
<br />A. Any party obligated on the Secured Debt fa
<br />B. A breach of any term or covenan# in this D�
<br />security agreement or any other docume
<br />Secured Debt;
<br />C. The making or furnishing of any verbal or
<br />false or incorrect in any material respect by
<br />D. The death, dissolution, appointment of a rE
<br />person or entity obligated on the Secured D
<br />E. A good faith belief by Beneficiary at any ti
<br />obligated on the Secured Debt or that the pi
<br />F. A material adverse change in Trustor's b�
<br />which Beneficiary in its opinion believes im�
<br />G. Any loan proceeds are used for a purpose �
<br />the conversion of wetlands to produce an
<br />Subpart G, Exhibit M.
<br />If the Property includes a unit
<br />duties under the covenant
<br />�wmg occur:
<br />to make payment when due;
<br />1 of Trust, any prior martgag� .w
<br />evidencing, guarantying, secur
<br />a condominium or a planned unit
<br />by-laws, or regulations of the
<br />constru�tian loan agreement,
<br />or otherwise relating to the
<br />representation, statement r warranty to Beneficiary that is
<br />� or any person or entity obli ated on the Secured Debt;
<br />for, or application of any d btor relief law to, Trustor or any
<br />that Beneficiary is insecure wi
<br />ect of any payment is impaired
<br />:ss including ownership, mana
<br />� the value of the Property or re
<br />will contribute to excessive ei
<br />cultural commodity, as further
<br />17. REMEDIES ON DEFAULT. In some instances, fede al and state law will require B eficiary to provide Trustor with
<br />notice of the right to cure, mediation notices or oth r notices and may establish time chedules for foreclosure actions.
<br />Subject to these limitations, if any, Beneficiary ma accelerate the Secured Debt an 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 a reed fees and charges, accrued
<br />immediately due and payable, after giving notice f required by law, upon the oc
<br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by
<br />evidences of debt, this Deed of Trust and any rel ted documents including withou
<br />Property.
<br />If there is a default, Trustee shall, in addition to
<br />advertise and sell the Property as a whole or in se
<br />convey absolute title free and clear of all right,
<br />designates. Trustee shall give notice of sale inclu
<br />property to be sold as required by the applicable law
<br />Upon sale of the Properry and to the extent not
<br />Properry sold which conveys absolute title to the p�
<br />to Beneficiary all moneys advanced for repairs, t�
<br />interest thereon, and the principal and interest on tl
<br />may purchase the Property. The recitals in any deec
<br />therein.
<br />All remedies are distinct, cumulative and not excli
<br />or equity, whether expressly set forth or not. The �
<br />on the Secured Debt after the balance is due or
<br />constitute a waiver of Beneficiary's right to requii
<br />any remedy on Trustor's default, Beneficiary does
<br />it continues or happens again.
<br />any other permitted remedy, �
<br />�arate parcels at public auction
<br />itle and interest of Trustor at
<br />�ing the time, terms and place
<br />in effect at the time of the nroni
<br />respect to any person or entity
<br />the Property is impaired;
<br />ment, and financial conditions,
<br />yment of the Secured Debt; or
<br />ion of highly erodible land ar to
<br />;plained in 7 C.F.R. Part 1940,
<br />terest and principal shall become
<br />urrence of a default or anytime
<br />�w, the Evidence of Debt, other
<br />limitation, the power to sell the
<br />the request of the Beneficiary,
<br />the highest bidder for cash and
<br />�ch time and place as Trustee
<br />f sale and a description of the
<br />�d sale.
<br />�rohibited by law, Trustee shall
<br />chaser, and after first paying all
<br />Kes, insurance, liens, assessme
<br />� Secured Debt, paying the, surp
<br />of conveyance shall be prima fa
<br />ve, and the Beneficiary is enti
<br />:eptance by Beneficiary of any
<br />accelerated or after foreclos
<br />full and complete cure of any
<br />it waive Beneficiary's right' to
<br />18. EXPENSES; ADVANCES ON COVENANTS; ATTOR EYS' FEES; COLLECTION C(
<br />Trustor agrees to pay all of Beneficiary's expenses i Trustor breaches any cov�r
<br />also pay on demand all of Beneficiary's expenses incurred in collecting, insuring,
<br />or in any inventories, audits, inspections or other ex mination by Beneficiary in 'r�
<br />to pay all costs and expenses incurred by Beneficiar in enforcing or protecting B
<br />this Deed of Trust, including, but not limited to, ttorneys' fees, court costs,
<br />��"' OO 1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form A(�CO-RESI-NE 1/17l2003 cJ �
<br />ake and deliver a deed to the
<br />�s, charges and costs, shall pay
<br />� and prior encumbrances and
<br />, if any, to Trustor. Beneficiary
<br />evidence of the facts set forth
<br />to all remedies provided at law
<br />i in payment or partial payment
<br />proceedings are filed shall not
<br />�ting default. By not exercising
<br />� consider the event a default if
<br />Except when prohibited by law,
<br />i this Deed of Trust. Trustor will
<br />:rving or protecting the Property
<br />t to the Property. Trustor agrees
<br />;iary's rights and remedies under
<br />other legal expenses. Once the
<br />(page 4 of 8)
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