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zIa cpTYegre .. as St. l'd I, MN 55117
<br />.. let., Ne s.n.ls3e —1W10
<br />V.B. BANQK NATIONAL ASSOCIATION Na
<br />.325 Its. AVENVe SIV, PARCe, Na sale3
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as gebnee
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the
<br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and
<br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of
<br />— ('Lender "I, the
<br />beneficiary unfor this Deed of Trust under and subject to the terms antl conditions herein set forth, with right of entry antl possession all of
<br />Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Dead of
<br />Trust and Incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property
<br />including without limitation all machinery, equipment, building materials, and goods of every nature )excluding consumer goods) now or
<br />hereafter located o or used in connection with the real property, whether or not affixed to the land; privileges, hereditament, and
<br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred to the Property
<br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property cumulatively
<br />"Property "1; to have and to hold the Property and the rights hereby granted for the use and benefit of Lentler, his successors and assigns, until
<br />payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS, This Dead of Trust shall secure the payment and performance of all present and future Indebtedness, liabilities, obligations
<br />and covenants of Borrower or Grantor (cumulatively "Obligations') to Lender pursuant to:
<br />Lai this Deed of Trust and the following promissory notes and other agreements:
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<br />zIa cpTYegre .. as St. l'd I, MN 55117
<br />.. let., Ne s.n.ls3e —1W10
<br />V.B. BANQK NATIONAL ASSOCIATION Na
<br />.325 Its. AVENVe SIV, PARCe, Na sale3
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as gebnee
<br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the
<br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and
<br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of
<br />— ('Lender "I, the
<br />beneficiary unfor this Deed of Trust under and subject to the terms antl conditions herein set forth, with right of entry antl possession all of
<br />Grantor's present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Dead of
<br />Trust and Incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property
<br />including without limitation all machinery, equipment, building materials, and goods of every nature )excluding consumer goods) now or
<br />hereafter located o or used in connection with the real property, whether or not affixed to the land; privileges, hereditament, and
<br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred to the Property
<br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other
<br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property cumulatively
<br />"Property "1; to have and to hold the Property and the rights hereby granted for the use and benefit of Lentler, his successors and assigns, until
<br />payment in full of all Obligations secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and their successors and assigns as follows:
<br />1. OBLIGATIONS, This Dead of Trust shall secure the payment and performance of all present and future Indebtedness, liabilities, obligations
<br />and covenants of Borrower or Grantor (cumulatively "Obligations') to Lender pursuant to:
<br />Lai this Deed of Trust and the following promissory notes and other agreements:
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<br />NOTE/,
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<br />01/19/02
<br />01/19/32100003000025026
<br />to) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same
<br />or different purposes than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advances, whether obligatory or optional, to the same extent as if made contemporaneously with the execution of this Deed of
<br />Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit. the lien of this
<br />Deed of Trust shall continue until payment In full of all debt due under the line notwithstanding the fact that from time to time (but before
<br />termination of the line) no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the
<br />unpaid and outstanding secured principal future advances, not including sums advanced by Lender to protect the security of this Deed of
<br />Trust, exceed the following amount: $ sz .Ua as This provision shall not constitute an obligation upon or commitment of Lender
<br />to make additional advances or loans to Grantor; and
<br />(e) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing.
<br />As used in this Paragraph 1, the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances
<br />and claims except for this Deed of Trust and :hose described to Schedule 3, which is attached to this Deed of Trost and Incerpo ated herein
<br />by reference, which Grantor agrees to pay and perform in a timely manner;
<br />Ra Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, Including, without limitation,
<br />these relating to 'Hazadoom Materials," as defined herein, and other environmental matters the `Environmental Laws "1, and neither the
<br />federal government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any
<br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge,
<br />threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term
<br />"Hazartlous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority
<br />including, but not limited lo, in petroleum; (a) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials
<br />or wastes designated as "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the
<br />Clean Water Act or any amendments or replacements to these statutes (v) those substances, materials or wastes defined as a "hazardous
<br />waste' pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and
<br />(vii those substances, materials or astes defined a "hazardous substance" pursuant to Section 101 of the Comprehensive
<br />Environmental Response, Compensation and Liability Act, any amentlments or replacements to that statute or any other similar state or
<br />federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a
<br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
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