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<br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrue� interest and principal shall become
<br /> immediately due and payable, after giving notice if required by law,upon the occurrence of a default or anytime thereafter.
<br /> In addition, Beneficiary shall be entitled to all the remedies provide�by law, the Evidence of Debt, other evidences of debt,
<br /> this Deed of Trust and any related documents including without limitation, the power to sell the Property. '
<br /> If there is a default,Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and
<br /> sell the Property as a whole or in separate,parcels at public auction to the highest bidder for cesh and comey absolute title
<br /> free and clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice
<br /> of sale i�luding the time, terms a�i place of sale and a description of the property to be sold as required by the applicable
<br /> law in effect at the time of the proposed sale. :
<br /> Upon sale of the property and to the extent not prohibited by law,Trustee shall make and deliver a deed to the Pmperty sold
<br /> which coxrveys abaolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all
<br /> moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the
<br /> principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property.
<br /> The recitals in any d�ed af s,onveyance shall be prima.�acie.�id�ce nf the facts,.set fo�th ther�ia. _
<br /> All remedies are distinct, cumulative and not exclusive, a�i the Beneficiary is entided to all remedies provided at law or
<br /> equity, whether expreasly set forth or not. The acceptance by Beneficiary of any sum in pay�nt or partial payment on the
<br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are file�sball not constitute a waiver
<br /> of Beneficiary's right to require full and complete cure of any existing default. By not exercising any remedy on Trustor's
<br /> default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again.
<br /> 18.EXPENSFS;ADVANCES ON COVENANTS; ATTORNEYS'FEES; COLLECTION COSTS. Except when prohibited
<br /> by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in tlus Deed of Tivst. Trustor
<br /> will also pay on demand all of Be�ficiary's eapenses incurred in collecting, insuring,preserving or protecting the Property
<br /> or in any inventories, audits, inspections or other examination by Beneficiary in respect to the Proparty. Trustor agrees to
<br /> pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this
<br /> Deed of Trust,i�luding,but�t limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is
<br /> fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for any racordation costs.
<br /> All such amounts are due on demand and will bear interest from the time of the advance at the lughest rate in effect, from :
<br /> ti�to time, as pmvided in the Evidence of Debt and as permitted by law.
<br /> 19.ENVIItONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in tlus section, (1) "Environmental Law"
<br /> means, without limitation, the Comprehensive Environmental Response, Com�pensation and Liability Act (CERCLA, 42 :
<br /> U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney ge�ral opinions :
<br /> or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) :
<br /> "Ha7ardous Substance" means any taxic, radioactive or ha7ardous material, waste, pollutant or contaminant which has :
<br /> characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or :
<br /> environment. The term includes, without limitation, any substances defined as "ha7ardous material," "toxic substances,"
<br /> "haTardous waste" or "ha7ardous substance" under any Environmental Law. Trustor represents, warrants a�d agrees that, :
<br /> except as previously disclosed atxl acknowledged in writing: :
<br /> A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handlefl by :
<br /> any person on, under or about the Property, except in the ordinary course of business and in strict compliance with :
<br /> all applicable Em+ironmental Law. :
<br /> B. Trustor has not a�d will not cause, contribute to, or permit the release of any Ha7ardous Substance on the Property. :
<br /> C. Tivstor will immediately notify Beneficiary if(1)a release or threatened release of Hazardous Substance occurs on,
<br /> under or about the Property or migrates or threatens to migrate from nearby praperty; or (2) there is a violation of
<br /> any Environmental Law concerning the Property. In such an event, Trustor will take all necessary remediai action in
<br /> accordance with Emironmental Law.
<br /> D. Trustor has no knowledge of or reason to believe there is any pending or threatened imestigation, claim, or
<br /> proceeding of any kind relating to (1) any Hawrdous Substance located on, under or about the Property; or(2) any :
<br /> violation by Trustor or any tenant of any Environnlental Law. Trustor will immadiately notify Baneficiary in writing :
<br /> as soon as Trustor has rea.gon to believe there is any such pending or threatened investigation, claim, or proceecling. :
<br /> In such an event,Beneficiary has the right,but not the obligation, to participate in any such proceeding including the :
<br /> right to t�eceive copies of aay docu�nts relating to such proceedings.
<br /> E. Trustor a�every tenant have been,are and shall remain in fuil compliance with any applicable Environmental Law. :
<br /> F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no such
<br /> tank, dump or well will be added unless Beneficiary first consents in writing. :
<br /> G. Trustor will regularly inspect the Property, monitor the activities and opemtions on the Pmperty, and confirm that :
<br /> all permits, licenses or approvals required by any applicable Emiro�entsl Law aze obtained a�d complied with.
<br /> H. Trustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect the :
<br /> Property atxi review all records at any ressonable time to determine (1) the existence, location and nature of any :
<br /> Ha7ardous Substance on, under or about the Property; (2) the existence, location, nature, an�d magnitude of any :
<br /> Hazardous Substance tUat has been released on, under or about the Property; or (3)whether or not Tivstor and any :
<br /> tenant are in compliance with applicable Environmental Law. , :
<br /> I. Upon Beneficiary's request and at any time, Trustor agrees, at Trustor's expense, to engage a qualified :
<br /> environmental enginaer to prepare an environmental sudit of the Property a4d to submit the results of such audit to
<br /> Beneficiary. The choice of the environmental engineer who will perform such audit is subject to Beneficiary's :
<br /> approval. :
<br /> J. Beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under this section at i_
<br /> Trustor's expense. :
<br /> K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Trustor will
<br /> indemnify and hold Be�ficiary and Beneficiary's successors or assigns harmless from and against all loss�s, claims, :
<br /> demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including wikhout :
<br /> limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's successors or assigns may :
<br /> sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of Trust and in return Trustor will
<br /> provide Beneficiary with collateral of at least equal value to the Property secured by this Dead of Trust without
<br /> prejudice to any of Beneficiary's rights under this Deed of Trust. !_
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<br /> O 19a3 Bar�lun Sy�tam�,Ine.,St.Cloud,MN 11-l00-397-2341) Form Afi/CO-DT-NE 10/30/97 � ' �4
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