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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; 12) the existence,
<br /> location, nature, and magnitude of any Hazardous Substance that has been released on, under or
<br /> about the Property; or (3) whether or not Trustor and any tenant are in compliance 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 environmental engineer to prepare an environmental audit of the Property and to submit the
<br /> results of such audit to Beneficiary. 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 perform 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. Notwithstanding 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 /> 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 condemnation or other taking of all or any part of the Property. Such proceeds
<br /> shall be considered payments and will be applied as provided in this Deed of Trust. This assignment of
<br /> proceeds is subject to the terms of any prior security agreement.
<br /> 21. INSURANCE. Trustor agrees to maintain insurance 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 /> 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 give to Beneficiary all
<br /> receipts of paid premiums and renewal notices. Upon loss, Trustor shall give immediate 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 /> Security Instrument-Commercial/Agricultural-NE AGCO-RESI-NE 7/1/2011
<br /> VMP®Bankers SystemstM VMP-C595{NEI {11071.00
<br /> Wolters Kluwer Financial Services©1993,2011 Page 7 of 10
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