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C. Grantor agrees to maintain rental loss or business interruption insurance, as required by Lender, in an <br />amount equal to at least coverage of one year's debt service, and required escrow account deposits (if <br />agret:d to separately in writing), under a form of policy acceptable to Lender. <br />22.N0 ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, +O <br />Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. l <br />23. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon <br />request, any financial statement or information Lender may deem necessary. Grantor wazrants that all <br />financial statements and information Grantor provides to Lender are, or will be, accurate, correct, and <br />complete. Grantor agrees to sign, deliver, and file as Lender may reasonably request any additional <br />documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Deed of Trust and Lender's lien status on the Property. If Grantor fails to do so, <br />Lender may sign, deliver, and file such documents or certificates in Grantor's name and Grantor hereby <br />irrevocably appoints Lender or Lender's agent as attorney in fact to do the things necessary to comply with <br />this section. <br />24.JOINT AND INDIVIDUAL LIABILITY; C0.SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All <br />duties under this Deed of Trust are joint and individual. If Grantor signs this Deed of Trust but does not sign <br />the Evidence of Debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment <br />of the Secured Debt and Grantor does not agree to be personally liable on the Secured Debt. Grantor agrees <br />that Lender and any party to this Deed of Trust may extend, modify or make any change in the terms of this <br />Deed of Trust or the Evidence of Debt without Grantor's consent. Such a change will not release Grantor <br />from the terms of this Deed of Trust. The duties and benefits of this Deed of Trust shall bind and benefit the <br />successors and assigns of Grantor and Lender. <br />If this Deed of Trust secures a guazanty between Lender and Grantor and does not directly secure the <br />obligation which is guarantied, Grantor agrees to waive any rights that may prevent Lender from bringing <br />any action or claim against Grantor or any party indebted under the obligation including, but not limited to, <br />anti-deficiency or one-action laws. <br />25. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Deed of Trust is governed by the <br />laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the <br />jurisdiction where the Property is located. This Deed of Trust is complete and fully integrated. This Deed of <br />Trust may not be amended or modified by oral agreement. Any section or clause in this Deed of Trust, <br />attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be <br />effective, unless that law expressly or impliedly permits the variations by written agreement. If any section or <br />clause of this Deed of Trust cannot be enforced according to its terms, that section or clause will be severed <br />and will not affect the enforceability of the remainder of this Deed of Trust. Whenever used, the singular <br />shall include the plural and the plural the singular. The captions and headings of the sections of this Deed of <br />Trust are for convenience only and are not to be used to interpret or define the terms of this Deed of Trust. <br />Time is of the essence in this Deed of Trust. <br />26. SUCCESSOR TRUSTEE. Lender, at Lender'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 <br />successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties <br />conferred upon the Trustee by this Deed of Trust and applicable law. <br />27. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by <br />fast class mail to the appropriate party's address on page 1 of this Deed of Trust, or to any other address <br />designated in writing. Notice to one grantor will be deemed to be notice to all grantors. <br />28. U.C.C. PROVISIONS. If checked, the following are applicable to, but do not limit, this Deed of Trust: <br />^ Construction Loan. This Deed of Trust secures an obligation incurred for the construction of an <br />improvement on the Property. <br />^ Fixture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in <br />the future and that are or will become fixtures related to the Property. <br />^ Crops; Timber; Minerals; Rents, Issues, and Profits. Grantor grants to Lender a security interest in <br />all crops, timber, and minerals located on the Property as well as all rents, issues, and profits of them <br />including, but not limited to, all Conservation Reserve Program (CRP) and Payment in Kind (PIK) <br />payments and similaz governmental programs (all of which shall also be included in the term <br />"Property"). <br />^ Personal Property. Grantor grants to Lender a security interest in all personal property located on or <br />connected with the Property. This security interest includes all farm products, inventory, equipment, <br />accounts, documents, instruments, chattel paper, general intangibles, and all other items of personal <br />property Grantor owns now or in the future and that are used or useful in the construction, ownership, <br />operation, management, or maintenance of the Property. The term "personal. property" specifically <br />excludes that property described as "household goods" secured in connection with a "consumer" loan <br />as those terms are defined in applicable federal regulations governing unfair and deceptive credit <br />practices. <br />^ Filing As Financing Statement. Grantor agrees and acknowledges that this Deed of Trust also suffices <br />as a financing statement and as such, may be filed of record as a financing statement for purposes of <br />Article 9 of the Uniform Commercial Code. A carbon, photographic, image or other reproduction of <br />this Deed of Trust is sufficient as a financing statement. <br />29. OTHER TERMS. If checked, the following are applicable to this Deed of Trust: <br />^ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured <br />Debt may be reduced to a zero balance, this Deed of Trust will remain in effect until released. <br />^ Additional Terms .................. . ...... . ................................................................................ <br />.................................................................................................................................. <br />.............. . .............. . .................................................................................................... <br />~~ O 1883 Ba~kv~ Syvt"m~, Irc., B[. Cloud. MN Form AO/CO-0T-NC 8/22/2001 <br />page 6 0/ 7 <br />