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200300886 <br />C. The making or furnishing of any verbal or written representation, statement or warranty to Beneficiary that is <br />false or incorrect In any material respect by Truster or any person or entity ohligated on the Secured DeM; <br />D. Thu death, dissolution, appointment of a receiver for, or application of any debtor relief law to, I rustor or any <br />person or entity obligated on the Secured Debt; <br />E A good faith belief by Beneficiary at any time that Beneficiary is insecure with respect to any person or entity <br />obligated an the Secured Debt or that the prospect of any payment is Inhpalred or The Properly Is npaired; <br />F, A material adverse change in Toaster's business including Ownership, mmmgement, and financial conditions, <br />which Beneficiary In its opinion believes impairs the value of the Property or repayment of the Secured Debt; or <br />G. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly erodible land er to <br />the conversion of wetlands to produce an agricultural commodity, as further explained in 7 C.F.R. Part 1940, <br />Subpart G, Exhibit M. <br />16. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Truster with <br />notice at the right to cure, mediation notices or other notices and uwy establish time schedules for foreclosure actions. <br />Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Deed of Trust In a <br />manner provided by law if this Truster Is in default. <br />At tic option of Beneficiary, all or any part of the agreed fees and charges, accrued 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 <br />Thereafter . In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other <br />evidences of debt, this Deed of Trust and any related docuria is including without limitation, the power to sell the <br />Property. <br />If Ihere is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, <br />advertise and sell the Property as a whole nr in separate parcels at public auction to the highest bidder for cash and <br />convey absolute title free and clear of all right, title and interest of Truslor at such time and place as Trustee <br />designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the <br />property to be sold as required by the applicable law in effect at the lime 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 <br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay <br />to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and <br />interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Truster. Beneficiary <br />inlay purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth <br />therein. <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law <br />or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payment or partial payment <br />on the Secured Debt after the balance Is due or is accelerated nr after foreclosure proceedings are filed shall not <br />consudd e a waiver of Beneficiary's right to require full and complete cure of any existing default By not exercising <br />any remedy on Truster's default, Beneficiary ones not waive Beneficiary's right to later consider the event a default if <br />it continues or happens again. <br />17. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, <br />Truster agrees to pay all of Beneficiary's expenses If Truster breaches any covenant In this Deed of Trust. Truster will <br />also pay on demand all of Beneficiary's expenses 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 Property. I rustor agrees <br />to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under <br />the Decd of Trust, including, but not limited to, attorneys' tees, court costs, and other legal expenses, Once the <br />Secured Debt is filly and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for <br />any recordation costs. All such amounts are due On demand and will bear Interest from the time of the advance at the <br />highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by law. <br />18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law" means, <br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U, S.C. <br />9601 at seq.l, all other federal, .state and local laws, regulations, ordinances, court orders, attonmy general opinions or <br />interpretive letters concerning the public health, safety, welfare, environnhvnt or a hazardous substance; and (2) <br />"Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which <br />has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare <br />rn environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic <br />substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Iustor represents, <br />warrants and agrees that. except as previmnsly disclosed and acknowledged in writing. <br />A. No Hazardous Substance hes hear, is, or will be located, transported, manufactured, treated, refined, or handled <br />by any person on, under or about the Property, except in the ordinary course of business and in strict <br />nnmpliance with all applicable Environrnenl-al Law. <br />B. Truster has not and will not cause, contribute to, or permit the release of any I lazardeus Substance on the <br />Property. <br />��� I(a,, 4 of BI <br />r <br />�- ^Y�,LJV 893, Ns 9ankers eynemc. Inc., St llouO.MN roim AG<o -F ESINC a /1Is" <br />