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200205697 At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anybroU therenfler_ In Uldirion, Beneficiary shall he entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Deed of Trust and any related documents including without litndarm, the power to sell die Property. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the Property as a whole of in separate parcels at public auction if the highest bidder for cash and convey absolute tide free and clear of all right, title and interest Of Trusmr at such time and place as Trustee designates_ 'Trustee shall give notice of sale including the tine, terms and place of sale and a description of the property to be sold as Inquired by the applicable law in ,tree( at the time of the proposed sale. Upon sale of the property and to the extent rut prohibited by law, Trustee shall make and deliver a deed to the property ,cold which conveys Absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all uumsys advanced for repairs, macs, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, it any, to Truster. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be prune facie evidence of the facts set Loch Ibemin. All remedies are distinct, cumulative and not exclusive, sold lime Beneficiary is entitled to all rcnredie's provided at law nr equity, whether expressly set forth or not The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is sccclunded or after foreclosure proceedings are filed shall not constitute a waiver Of Beneficiary's right to require full and complete cure Of any existing default By not exercising any remedy on Tmsmr's delaull, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again 18. EXPENSES ADVANCES ON COVENANTS ATTORNEYS' FEES COLLECTION COSTS. Except when prohibited by law, Trustur apices W pay all of Beneficiary's expenses if To'ustor breaches any Loveland in this Deed of Trust. I ruslor will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Properly or in any inventories, audits, inspections Or other examination by Beneficiary in respect to the Property_ Trusmr agrees to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this Decd of 'trust, including, but not limited ro, attorneys' tees, court costs, and other legal expenses Once the Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustur agrees to pay for any rtmonlation costs. All such amounts are due on demand and will hear interest from the time of the advance at the highest rite in effect, from time lO time, as provided in the Evidence of Debt and as permitted by law. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Hnvimm arral Law" means, without ILmilalion, the Comprehensive Bnvimnmenlal Response, Compensation and Liability Act (CERCLA, 42 U SC. 9601 er seq.), all other federal, state and local laws, regulations, ordinances, court orders, aunrney general opinions or interpretive letters eunecining Lite public health, safely, welfal'e, euvtmunent Or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous Of the public hcallh, safety, welfare nr environment. The tern includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" ,, " hazardous xuhso nce" under any Envinmmental Law. Trustor represents, warrants and agrees Thal, except as previously disclosed and acknowledged in writing: A. No Hawrdous Substance has been, is, or will be Located, transported, tratu tactured, treated, relined, or handled by any person On, under of about the Property, except in the ordinary course Of business and in staid compliance wilh all applicable Environmental Law, B. Truster has not and will not cause, emlribuc In, or pernd the release Of any Ilazardous Subsmnec oil the Property_ C. Tmstor will immediately notify Beneficiary if (1) if release or threatened release of Hazardous Substance occurs ou, under or about the Properly Or migrates or Ihrcauns to migrate from nearby property; or (2) there is a violalum of any Eaviromilemal Law concerning the Property. In such an event, Truster will take all necessary remedial action in accordance with Envirom anlal Law_ 1). Truster has no knowledge Of or reason to believe Ihcrc is any pending Or threatened investigation, clan, Or proceeding of any kind (dating to (1) any Hazardous Substitute located on, under or about the Property; or (2) any violation by Truster or any tenant of any Emccourcual Law. Trusmrt will wmedia fly nobly Beneficiary in writing as soon as TruAnr has rtson to believe there is any such pending Or threatened investigation, claim, or protecting In such an event, Beneficiary has the right, but not the obligation, to participate in any such proceeding including the right no receive copies of any docmnents relating to such preucce ings. E. 'I'rutor and every tenant have bee, are and shall remain in full compliance with any applicable Environmental Law. 17 . There are no underground storage tanks, private dumps or open wells localed on or under the Property and no such milk, dump or well will be added unless Beneficiary first consents in writing. O. 'Lisle. will regularly inspect the Property, monitor the activities and Operations on the Property, and confirm that all permits, liconscs or approvals requited by any applicable Environmental Law are obtained and complied with. H. Truster will pemtil, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect file Property and review at records at any reasonable time to determine (1) the existence, location and nature of :my Ilazardous Substance tin, under Or about the Property; ('2) the existenu, location, nature, and magnitude of any Ilazardous Substance that has been released On, under et about the Property, or (3) whether or not I mstor and any tenant are in compliance with applicable Environmental Law. I. Upon Beneficiary's request and at any tic, Truster moos, at 'frustur's expense, in engage a qualified envirounemod engineer to prepare an envimmnenlal audit of the Property and to submit the results of such audit to Beneficiary . The choice of the environmental engineer who will perform such audit is sahj, r of Beneficiary's approval. 1. Beneficiary has the right, but not the obligation, to perform any of 'I castor's obligations under this section al Tmstor's expense K. As a cunsequcnce of any beach Of any representation, warranty Or promise made in this section, (1) Truster will indemnify and hold Beneficiary and Beneficiary's successor; or assigns harmless from and against all losses, claims, demands, liahilittes, damages, cleanup, response and remediatton costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's successors er assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary relay release this Deed Of Trust and in return Trustor will provide Beneficiary with collateral of at ]cast equal value to the Property secured by this Decd of Trust without prujudicc h) any of Beneficiary's rights under this Dual of Trust. '(' 1 page 0 r C/yu2y :. runs Pr. NE 3 PanMmizSysnmz,Ina.,Sr.CInuE, MN Poem /r.O- DT- .8.3001 lJ L-. C/� 1 %l`