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200207245 <br />the Secured Debts. Lender may Leaks a claim for any and all insurance benefits or refunds that may be <br />available on Grantor's default. <br />Subject to any right to enter required time schedules or any other notice rights Grantor may have under federal <br />and state law, Lender may make all or any part of the a r count owing by the terms of the Secured Debts <br />mediately due and foreclose this Security Instrument In a manner provided by law Upnn the Occurrence of a <br />default of anytime thereafter. <br />If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. <br />Trustee will give office of sale including the time, terms and place of sale and a description Of the Property to <br />be sold as required by the applicable law in effect at the time of the proposed sale. <br />TO the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in the following <br />order: to all fees, charges, costs and expenses of exercising the power of sale and the sale; to Lender for all <br />advances made for ropairs, taxes, insurance, liens, assessments and prior encumbrances and Interest thereon; <br />to the Secured Debts' principal and interest; and paying any surplus as required by law. Lender Or its designee <br />may purchase the Property. <br />Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys the <br />property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will covenant <br />that Trustee has not caused or allu vad a lion or an encumbrance to burden the Property and that Trustee will <br />specially warrant and defend the Property's title of the purchaser or purchasers at life pulp against all lawful <br />claims and demand of all persons claiming by, through or under Trustee. The recitals in any deed of <br />conveyance will be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and riot exclUSive, and the Lender is entitled to all remedies provided at law <br />or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial <br />payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are <br />filed will not constitute a waiver of Lender's right to require full and complete cwc Of any existing default. By <br />not exercising any remedy, Lander does not waive Lender's right to later consider the event a default if it <br />continues or happens again, <br />16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, <br />Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and re nedwe <br />under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property <br />and for any recordation casts of releasing the Property from this Security Instrument Expenses include, but are <br />not limited to. attorneys' fees, court costs and other legal expenses. Those expenses are due and payable <br />immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in <br />full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent <br />permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' funs Lender <br />incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. <br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, 11) Environmental <br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act <br />ICERCLAL all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous <br />substance; and 12f Hazardous Substance means any toxic., radioactive or hazardous malarial, waste, pollutant <br />or conmminant which has chamcterlstics which London the substance dangerous or potentially dangerous to tire <br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as <br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regUlaied substance" <br />under any Environmental Law. <br />Grantor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, <br />is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or <br />about the Property, except in the ordinary course of business and in strict compliance with all applicable <br />Environmental Law. <br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, <br />contribute to, or permit the release of any Hazardous Substance on the Property, <br />C. Grantor will immediately notify Lender if 111 a release or threatened release of Hazardous Substance <br />occurs on, under or about the Property Or minutes or threatens to migrate from nearby property; or (2) there <br />is a elation of any Environmental Law concerning the Property. In such an event, Grantor will take all <br />necessary remedial Action In Accordance with Environmental Law. <br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or <br />reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to <br />111 any Hazardous Substance located on, under or about the Property: or (2) any violation by Grantor or any <br />tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has <br />reason to believe there is any such pending or threatened investigation, claim, or proceeding. bl such an <br />event, Lender has the right, but not the obligation, to purticipate in any such proceeding Including the right to <br />receive copies of any documents relating to such proceedings. <br />E. Except as previously disclosed and acknowledged in writing to Lender, Granter and every tenant have <br />Open, are and will refnaln in full compliance with any applicable Environmental Law. <br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage <br />tanks, private dumps or open wells located on or under the Property and no such lank, dump or well will be <br />added unless Lender first consents in writing. <br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and <br />confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and <br />complied with <br />molt <br />NE4xxx 10881906DOUp90036406200 199tl Sysemx lnC. 011d, MN Eli ii ape4 <br />of <br />