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F <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) <br />