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200209703
<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, Truster 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 Truster's business including nwnership, 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 Trustor 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, it any, Beneficiary may accelerate the Secured Debt and foraclnse 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 It 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 of 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 time and place as Trustee
<br />designates. Trustee shall give 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 deed 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, (lens, assessments and prior encumbrances and
<br />interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary
<br />may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth
<br />therein.
<br />All remedies are distinct, cumulative and not 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 Trucker'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 />Trllstor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of Trust. Trustor will
<br />also pay en 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 Property. Trustor agrees
<br />to pay all costs and expenses Incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under
<br />this Deed of Trust, including, but not limited to, attorneys fees, court costs, and other legal expenses. Once the
<br />Secured Debt Is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for
<br />any recordation costs. All such amounts are due on demand and will bear Interest from the time of the advance at the
<br />heal --tc In en.-I, M1om tb,e to tbnc, ea pew idea In m. C ldmcc of Oebt and m pm mlttca 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 at seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
<br />interpretive letters concerning the puhlic 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. Trustor represents,
<br />warrants and agrees that, except as previously dienlesed and acknowledged in writing.
<br />A. No I lazardous Substance has been, is, or will be 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. Trustor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the
<br />Property.
<br />Iwgeyya/ al
<br />JE,� X1983, 2001 eanherc Tyatemc.Inc.St Cloua, MN POmi PGCOAE54NE x12002
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