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<br />200601807
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<br />At the option of Bene~ciary, all or any part of the agreed fees and charges, accrued interest and principal shall become
<br />immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter.
<br />In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of
<br />debt, this Deed of Trust and any related documents including without limitation, the power to sell the Property,
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<br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise
<br />and sell the property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute
<br />title free and clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give
<br />notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the
<br />applicable law in effect at the time of the proposed sale.
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<br />Upon sale of the property and to the extent not prohibited by law, Truscee shall make and deliver a deed to the Property
<br />sold which conveys absolute title to che purchaser, and after first paying all fees, charges and costs, shall pay to
<br />Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest
<br />thereon, and che principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may
<br />purchase the Property. The recitals in any deed of conveyance shall be prima facie eviderice of the facts set forth therein.
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<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or
<br />equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payment or partial payment on the
<br />Secured Debt after che balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a
<br />waiver of Beneficiary's right to require full and complete cure of any existing default. By not exercising any remedy on
<br />Trustor's default, Beneficiary does not waive Beneficiary's right to latcr consider the event a default if it continues or
<br />happe~s again.
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<br />EXPENSES; ADVANCES ON COVENAN'rS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
<br />prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of
<br />Trust. Trustor willl!lsq -pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or
<br />protecting th~ Property o~ Ju any inventories, audits, inspections or other examination by Beneficiary in respect to the
<br />~ropcrty. Trustof agt~es, tp llay all costs and :xpens,es incurred by I?eneficiary in enforcing or protecting Beneficiary's
<br />nghts and remedles under jlullDel'ld of Trost, mcludmg, but not lmuted to, attorneys' fees, court costs, and other legal
<br />expens~s. Once the Secur!;1~l Pellt ls fully and finally paid, Beneficiary agrees to release this Deed of Trust and Tmstor
<br />agrees to pay for any fecor4l!tiou posts. All such amounts are due on demand and will bear interest from the time of the
<br />advan()e III $e_highes! rat~ j;i~ffect, from time to time, as provided in the Evidence of Debt and as permitted by law.
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<br />19.
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<br />ENYIROfli~NTi\-L L~WS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law"
<br />ineans, witJiout li-lnitllHol}, tP.~ Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42
<br />p,S.C, 96Ql~1 ~eq.). ,all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />oPlniPnsrir,lnl!?fP.fP,!,J,ye le,!t~,r~ conce~g the public health, safety, welfare, enviroIlllWnt or a hazardous substance; and (2)
<br />:lIaz&rdousSu1>.stlmce~ JIleans any toXIC, radioactive or hazardous material, waste, pollutant or contaminant which has
<br />pl1aract~risticswhich, render, the substance dangerous or potentially dangerous to the public health, safety, welfare or
<br />enYkf!ffine~t,'I11-e J~ful jl1cludes,without limitation, any substances defined as "hazardous material," "toxic substances,"
<br />~'hazardQus w!lSte" Or :'llllZardous substance" under any Environmental Law. Trustor represents, warrants and agrees that,
<br />except as pr~viously disclosed _and acknowledged in writing:
<br />",c 1'>-. No f!:azard9ps SubstaI!-ce has been, is, or will be located, transported, manufactured, treated, refmed, or handled by
<br />, any' person on, pnder Or about the Property, except in the ordinary course of business and in strict compliance wich
<br />- ,~, lill applic~pl!;l_El1vironmental Law.
<br />fI, Trostor has uot and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property.
<br />~. Trustor will ip1mediately notify Beneficiary if (1) a release or threatened release of Hazardous Substance occurs on,
<br />., unper Of alJout 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, Trustor will take all necessary remedial action
<br />in accordance with Environmental Law.
<br />p. TlUs'tpr--hasno-kliPwledge of or reason to believe there is any pending or threatened investigation, claim, or
<br />L Proceeding oinny ~d relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any
<br />'. yiolatiq.u J~y TrustpJ' or atiy tenant of any Environmental Law. Trustor will immediately notify Beneficiary in
<br />",ritin~as soqn liS Trustor has reason to believe there is any such pending or threatened investigation, claim, or
<br />pr,oceeding. In such an event, Beneticiary has the right, but not the obligation, to participate in any such proceeding
<br />jncluding tl1e right to receive copies of any documents relating to such proceedings,
<br />E, Trustqr lll1d every tenant have been, are and shall remain in full compliance with any applicable Environmental
<br />Law. ,,-
<br />F. tbet~ life tiopnderground storage tanks, private dumps or open wells located on or under che Property and no such
<br />, tank, dump orwell will be added unless Beneficiary first consents in writing.
<br />p. Trustor will regullyly inspect the Pro~erty, monitor the activities and operations on the Property, and confirm that
<br />all pepnipl, lic~Ilses or approvals reqUITed by any applicable Environmental Law are obtained and complied with.
<br />H. Trostor \yiUpePIDt~_p.r. caqse any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect the
<br />, rr~p'~rty aJldrevie.~ l!11 rec!lrds at any reasonable time to determi~e (1) the e~stence, location and nature of any
<br />n~l\l:aQl.l~ ~bstlQlP~PIl, lJiider or about the Property; (2) the eXIstence, locatlOn, nature, and magnitude of any
<br />ijazard~u!lS:l!~stiHW~-~~t tlllS beeu released on, under or about the Property; or (3) whether or not Trustor and any
<br />. t~mm~ lu'eJ~ llPmp1Jnq~\l wl14l1pplicabl,e Environmental Law.
<br />!. J~)iPi! lJ"n.tttlPil!iy'!I,' ~eH*,,~L '!il4 at anr time, Trust~r agrees, at Trustor's eXPeJ?Se, to engage a qualified
<br />- , e,I}YlrQ~pt~ /;1!lBln!'!~r ~q prepl!f~an enVIronmental audlt of the Property and to subrmt the results of such audit to
<br />)3enl!ti!,}t!l1;' 'Ihp-J!)wJ.c~ p( tll~,(:nvironmental engineer who will perform such audit is subject to Beneficiary's
<br />approval. '. _ __.
<br />J. Beneficiary has the right, but not the obligatioii:16 perforni any of Trustor,'s obligations under this section at
<br />Trustor'sexpense~
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Trustor will
<br />indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses, claims,
<br />demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without
<br />limitation all cost!! of litigation and attorneys' fees, which Beneficiary and Beneficiary's successors or assigns may
<br />sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of Trust and in return Trustor will
<br />provide Beneficiary with collateral of at least equal value to the Property secured by this Deed of Trust wichout
<br />prejudice to any of Beneficiary's rights under this Deed of Trust.
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<br />~ ill 1993 8.0~.rs Systems, loe.. St. Cloud. MN Form AG/CQ-DT-NE 1/30/2002
<br />~-C164(NE} (03071
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