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200304964 <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 obligated on the Secured Debt; <br />D. The death, dissolution, appointment of a receiver for, or application of any debtor relief law to, Truslur 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 on the Secured Debt or that the prospect of any payment is impaired or the Property is impaired; <br />F. A material adverse change in Trustor's business Including ownership, management, 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 or 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 of the right to cure, mediation notices or other notices and may 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 Trustor is in default, <br />At the 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 at Trust and any related documents including without limitation, the power to sell the <br />Property. <br />If there 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 or 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 Trustor at such nine and place as Trustee <br />designates. Trustee shall Hive 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 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 dead 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 />may purchase the Property. The recitals in any dead of conveyance shell be prima facie evidence of the facts set forth <br />therein. <br />All remedies are distinct, cumulative and net 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 or after foreclosure proceedings are filed shall not <br />constitute a waiver of Beneficiary's right to require full and complete cure of any existing default. By not exercising <br />any remedy on Trustor's default, Beneficiary does 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 an 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 Properly. Truster agrees <br />to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights arid remedies under <br />this Deed of Trust, Including, but not limited to, attorneys' fees, spurt costs, and other legal expenses. Once the <br />Secured Debt Is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Truster agrees to pay for <br />any recordation costs. All such amounts are due oil contend and will bear interest tram the time of the advance at the <br />highest rate in affect, 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 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or <br />interpretive letters concerning the public health, safety, welfare, environment 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 />or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic <br />substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Truster represents, <br />warrants and agrees that, except as previously disclosed and acknowledged in writing', <br />A. No Hazardous Substance has been, is, or will he 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 />compliance with all applicable Environmental Law. <br />B. Truster has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the <br />Property. /J <br />t:1:15im� M1393, 20013rukara5yabms. Inc.. St c-1 MN Farm 1110.PE61- NE3 11/ 2003 <br />