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200209702 <br />C. Trustor will immediately notify Beneficiary If (1) a release or threatened release of Hazardous Substance occurs <br />on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there Is a <br />violation of any Environmental Law concerning the Property. In such an event, Trustor will take all necessary <br />remedial action in accordance with Environmental Law. <br />O. Trustor has no knowledge of or reason to behava there is any pending or threatened investigation, claim, or <br />proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) <br />any violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary In <br />writing as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim, or <br />proceeding. In such an event, Beneficiary has the right, but not the obligation, to participate in any such <br />proceeding including the right to receive copies of any documents relating to such proceedings. <br />E. Truster and every tenant have been, are and shall remain In full compliance with any applicable Environmental <br />Law. <br />F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no <br />such tank, dump or wall will be added unless Beneficiary first consents in writing. <br />G. Trustor will regularly inspect the Property, monitor the acturnas and operations on the Property, and confirm <br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied <br />with. <br />H. frustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect the <br />Property and review all records at any reasonable time to determine (1) the existence, location and nature of any <br />Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any <br />Hazardous Substance that has been released en, under or about the Property; or (3) whether or not Truster and <br />any tenant are In compliance with applicable Environmental Law. <br />I. Upon Beneficiary's request and at any time, Trustor agrees, at Trustor's expense, to engage a qualified <br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit <br />to Beneficiary. The choice of the environmental engineer who will perform such audit Is subject to Beneficiary's <br />approval. <br />J. Beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under this section at <br />Trustor's expense. <br />K. As a consequence of any breach of any representation, warranty or promise made In this section, (1) Trustor <br />will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all leases, <br />claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, <br />including without limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's <br />successors or assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of <br />Trust and in return Tmetor will provide Beneficiary with collateral of at least equal value to the Property secured <br />by this Deed of Trust without prejudice to any of Beneficiary's rights under this Deed of Trust. <br />L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section <br />shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title to <br />Beneficiary or any disposition by Beneficiary of any or all of the Property. Any claims and defenses to the <br />contrary are hereby waived. <br />19. CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or public <br />entities to purchase or take any or all of the Property. including any easements, through condemnation, eminent <br />domain. or any other means. Trustor further agrees to notify Beneficiary of any proceedings Instituted for the <br />establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the <br />Property or any part of it, Trustor authorizes Beneficiary to Intervene in Trustor's name In any of the above described <br />actions or claims and to collect and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary <br />the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of <br />the Property. Such proceeds shall be considered payments and will be applied as provided in this Deed of Trust. This <br />assignment of proceeds is subject to the (eons of any prior security agreement. <br />20. INSURANCE. Trustor agrees to maintain insurance as follows. <br />A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. Other hazards and risks may include, for example, <br />coverage against loss due to floods or (lending. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. What Beneficiary requires pursuant to the preceding two sentences can <br />change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by <br />Trustor subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain <br />the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's <br />rights in the Property according to the terms of this Deed of Trust. <br />All Insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage <br />clause" and, where applicable, "beneficiary loss payee clause." Trustor shall immediately notify Beneficiary of <br />cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals. If <br />Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal <br />notices. Upon [ass, Trustor shall give Immediate notice to the Insurance carrier and Beneficiary. Beneficiary may <br />make proof of loss if not made immediately by Trustor, <br />c'G- rpsp�e 5 ff el <br />v�f.vr� ry lsr-l. ]001 `ork —Syo —r p" re. elauq MN F-m ACCO nca NF. 3 /112002 i� \ <br />