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<br />H. Trustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and
<br />inspect the Property and review all records at any reasonable time to determine (1► the existence,
<br />location and nature of any Hazardous Substance on, under or about the Property; (2) the existence,
<br />loaation,.nature, and magnitude of any Hazardous Substanae that has been r�leased on, under or
<br />about the Property; or (3►-whether:or not-Trustor and any,tenant�are in.comptiance-with applicable
<br />Environmental Law. � � �
<br />I. Upon Beneficiary's request_ and at any time, Trustor agrees, at Trustor's expense, to engage a
<br />qualified envi�onmentaf engineer to pre�are 'an environmental audit of the Property and to submit the
<br />results of such audit to �eneficiary. The"'choice of the environmental engineer who will perform-such
<br />audit is subject to Beneficiary's approval.
<br />J. Beneficiary has the right, but not the obligation, to pertorm any of Trustor's obligations under this
<br />section at Trustor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
<br />Trustor will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from
<br />and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation
<br />costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees,
<br />which Beneficiary and Beneficiary's successors or assigns may sustain; and (2) at Beneficiary's
<br />discretion, Beneficiary may release this Deed of Trust and in return Trustor will provide Beneficiary
<br />with collateral of at least equal value to the Property secured by this Deed of Trust without prejudice
<br />to any of Beneficiary's rights under this Deed of Trust.
<br />L. Notwitfistanding any of the language contained in this Deed of Trust to the contrary, the terms of
<br />this section shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any
<br />passage of title to Beneficiary or any disposition by Beneficiary of any or all of the Property. Any
<br />claims and defenses to the contrary are hereby waived.
<br />2�'; INSURANCE. Trustor agrees to maintain iosurance as follows: �
<br />A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks
<br />reasonably associated with the Property due to its type and location. Other hazards and risks may
<br />include, for example, coverage against loss due to floods or flooding. This insurance shall be
<br />maintained in the amounts and for the periods that Beneficiary requires. What Beneficiary requires
<br />pursuant to the preceding three sentences can change during the term of the Secured Debt. The
<br />insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval,
<br />which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above,
<br />Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the
<br />Property according to the terms of this Deed of Trust.
<br />20. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or
<br />public entities to purchase or take any or all of the Property, including any easements, through
<br />condemnation, eminent domain, or any other means. Trustor further agrees to notify Beneficiary of any
<br />proceedings instituted for the establishment of any sewer, water, conservation, ditch, drainage, or other
<br />district relating to or binding upon the Property or any part of it. Trustor authorizes Beneficiary to intervene
<br />in Trustor's name in any of the above described actions or claims and to collect and receive all sums
<br />resulting from 'the, action or claim: Trustor assigns to Beneficiary the proceeds of any award or claim for
<br />damages 'COnnected" with a corldemnation or other taking of all or any part of the Properry. Such proceeds
<br />shalf be considered,payments and will be. applied,as,provided in this Deed af Trust. This. assignment of
<br />proceeds is subject to the terms of any prior security agreement.
<br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard
<br />"mortgage clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately
<br />notify Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to
<br />hold the policies and renewals. If Beneficiary requires, Trustor shall immediately giye, to Beneficiary all
<br />receipts of paid premiums and renewal notices. Upon loss, Trustor shell' give immediete notice to the
<br />insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by
<br />Trustor.
<br />Unless Beneficiary and Trustor otherwise agree in writing, insurance proceeds shall be applied to
<br />restoration or repair of the Property damaged if the restoration or repair is economically feasible and
<br />Beneficiary's security is not lessened. If the restoration or repair is not economically feasible or
<br />Beneficiary's security would be lessened, the insurance proceeds shall be applied to the Secured
<br />SecuritylnavumenY-Commerciel/Agricultural-NE ' AGCO-RESI-NE 7/1/2011
<br />VMP� Bankera Systems� VIVIP-C6961NE1 17107).00
<br />Wolters Kluwer Flnencial Services OO 1993, 2011 " ' Pege 7 of 10
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