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200315951
<br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the
<br />Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all
<br />right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms
<br />and place of sale and a description of the 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 Property sold
<br />which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all
<br />moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal
<br />and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in
<br />any deed of conveyance shall be prima facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether
<br />or not expressly set forth. The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the
<br />balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require
<br />complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right
<br />to later consider the event a default if it continues or happens again.
<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited bylaw,
<br />Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security Instrument. Trustor will also pay on
<br />demand any amount incurred by Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's
<br />security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as
<br />provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing
<br />or protecting Beneficiary's rights and remedies under this Security Instrument. This amount may include, but is not limited to,
<br />attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay
<br />for any recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without
<br />limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all
<br />other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the
<br />public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially
<br />dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law.
<br />Trustor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be located,
<br />stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that
<br />are generally recognized to be appropriate for the normal use and maintenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are, and shall
<br />remain in full compliance with any applicable Environmental Law.
<br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, under or
<br />about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Trustor shall
<br />take all necessary remedial action in accordance with any Environmental Law.
<br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending or
<br />threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the
<br />violation of any Environmental Law. 16013
<br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public
<br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means.
<br />Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor
<br />assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of
<br />all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this
<br />Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security
<br />agreement or other lien document.
<br />ExpereTM v 1994 Bankers Systems, Inc., St. Cloud, MN Fonn USB- REDT -NE 9/4/2001
<br />(page 4 of 6)
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