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<br />H. Waiver. Except as otherwise required by law, by choosing any one or more of these remedies you do not give up
<br />any other remedy. You do not waive a default if you choose not to use a remedy. By electing not to use any
<br />remedy, you do not waive your right to later consider the event a default and to use any remedies if the default
<br />continues or occurs again.
<br />12. APPOINTMENT OF A RECEIVER. On or after an Assignor's default, Assignor agrees to Lender making an application
<br />to the court for an appointment of a receiver for the benefit of Lender to take possession of the Property and the
<br />Leases, with the power to receive, collect and apply the Rents. Any Rents collected will be applied as the court
<br />authorizes to pay taxes, to provide insurance, to make repairs and to pay costs or any other expenses relating to the
<br />Property, the Leases and Rents, and any remaining sums shall be applied to the Secured Debts. Assignor agrees that
<br />this appointment of a receiver may be without giving bond, without reference to the then - existing value of the
<br />Property, and without regard to the insolvency of any person liable for any of the Secured Debts.
<br />13. COLLECTION EXPENSES AND ATTORNEYS' FEES. To the extent permitted by law, Assignor agrees to pay all
<br />expenses of collection, enforcement or protection of Lender's rights and remedies under this Assignment. Unless the
<br />applicable law that governs this Assignment is North Dakota, expenses include, but are not limited to, reasonable
<br />attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. These
<br />expenses will bear interest from the date of payment until paid in full at the contract interest rate then in effect for
<br />the Loan. To the extent permitted by the United States Bankruptcy Code, Assignor agrees to pay the reasonable
<br />attorneys' fees Lender incurs to collect this Assignment as awarded by any court exercising jurisdiction under the
<br />Bankruptcy Code.
<br />14. 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 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions
<br />or interpretive letters concerning the public 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 has
<br />characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
<br />environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic
<br />substances," "hazardous waste," "hazardous substance," or "regulated substances" under any Environmental Law.
<br />Assignor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or
<br />will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the
<br />Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Assignor has not and will not cause,
<br />contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Assignor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on,
<br />under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of
<br />any Environmental Law concerning the Property. In such an event, Assignor will take all necessary remedial action
<br />in accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Assignor has no knowledge of or reason to
<br />believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any
<br />Hazardous Substance located on, under or about the Property; or (2) any violation by Assignor or any tenant of
<br />any Environmental Law. Assignor will immediately notify Lender iry writing as soon as Assignor has reason to
<br />believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has
<br />the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any
<br />documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Assignor and every tenant have been, are
<br />and will remain 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 tanks,
<br />private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless
<br />Lender first consents in writing.
<br />G. Assignor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that
<br />all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with.
<br />H. Assignor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and
<br />review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous
<br />Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous
<br />Substance that has been released on, under or about the Property; or (3) whether or not Assignor and any tenant
<br />are in compliance with applicable Environmental Law.
<br />/page 5 of 7)
<br />Ej( 02001 Bankers Systems, Inc., St. Cloud, MN Form ASMT- RENT -NE 5/1/2002
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