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<br />200601807
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<br />RE-RECORDED
<br />200602528
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<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 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 />tit~e 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 incl~ding the time, tenns 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, Trustee shall make and deliver a deed to the Property
<br />sold which conveys absolute title to the 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 the 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 evidence 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 the 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 later consider the event a default if it continues or
<br />happens again.
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<br />EXPENSES; ADVANCES ON COVENANl'S; 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 WUl;usqjJayon demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or
<br />protecting the Property or...m. any inventories, audits, inspections or other examination by Beneficiary in respect to the
<br />rroperty. Trustor agrees, to llay all costs and expenses incurred by Benetlciary in enforcing or protecting Beneficiary's
<br />rights and remedies under-IhJ!lDe~d of Trust, including. but not limited to, attorneys' fees. court costs, and other legal
<br />expens~s. Once the Seciire!iPell~ is fully and fInally paid, Beneficiary agrees to release this Deed of Trust and Trustor
<br />agrees to pay fOf any recor4l!tion ~osts. All such amounts are due on demand and will bear interest from the time of the
<br />a4van()c ill $e_~ighe;~l J:"l~t~ i!i~ffeet, from time to time, as provided in the Evidence of Debt and as permitted by law.
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<br />19.: ENVIRO~NTl\L L~WS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental Law"
<br />iiieaiis, without lilnJ.tatiolJ. t~e Comprehensive Environmental Response. Compensation and Liability Act (CERCLA, 42
<br />V.S.C. 9@1 ,et seq.)! all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />oPini. 'pns cif.lntffP~P.!t.,i.Y. e l.e.ft~rs cOllcerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br />:flaz&rdousSuP$tlIDCe" Plearis any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
<br />~aracter1stics 'whicll ren4er thesubstance dangerous or potentially dangerous to the public health, safety, welfare or
<br />enYkeffine~t.The J~rm jJlc~lldes,without limitation, any substances defined as "hazardous material," "toxic substances,"
<br />~'hazardqus waste" or ','llqzardous substance" under any Environmental Law. Trustor represents, warrants and agrees that,
<br />except as previously 4isclosedand acknowledged in writing:
<br />.',e A. No HazaJ:4~IHS Substimce 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 with
<br />,~, aUapplicaJ:>l~ J~nvir9nmental Law.
<br />!J. Tnistor bas not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Trustor will iplIllCdiately notify Beneficiary if (1) a release or threatened release of Hazardous Substance occurs on,
<br />:, unp.~ror a1?Ol.lt lhr; Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of
<br />_ MY Environmental Law. concerning the Property. In such an event, Trustor will take all necessary remedial action
<br />In aCcprdance with Environmental Law.
<br />p. TmstPr---hasno-!ciPwledge of or reason to believe there is any pending or threatened investigation, claim. or
<br />. proceeding of any Jdnd relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any
<br />'", yiohlt~o_n ,~y Trustpr or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary in
<br />writing as BOQn as Trustor has reason to believe there is any such pending or threatened investigation. claim, or
<br />pl.'oceeding. . In such an event, Beneficiary has the right, but not the obligation, to participate in any such proceeding
<br />including the right to receive copies of any documents relating to such proceedings.
<br />E. Tr~stqr l!lld every tenant have been, are and shall remain in full compliance with any applicable Environmental
<br />- J.,aw. ".
<br />F. ther~ m-e ~ofm-derground storage tanks, private dumps or open wells located on or under the Property and no such
<br />. tank, dump orwell will be added unless Beneficiary first consents in writing.
<br />9. Trustor will regul""ly inspect the Property, monitor the activities and operations on the Property, and confirm that
<br />all pe~1B, licel1lSe~ pr approvals required by any applicable Environmental Law are obtained and complied with.
<br />H. 'f11jstof wUfpe~t...j;Jr caqse any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect the
<br />, Pr()p'~rty ftPd revi~~ l!llnlcprds at any reasonable time to determine (1) the existence, location and nature of any
<br />JI~4Q\.l~ ~bfltai1~ Oil, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br />HijZ""apuP~ijb.~tl!fi~J~i!t tJ,lI!l been released on, under or about the Property; or (3) whether or not Trustor and any
<br />. t~n!mt llre,m~ompli1iilg,~ ~Ub.ll;pplicable Environmental Law.
<br />l. J!Pp'q fleQ~tlpl~'lIregqe~t l!lld at any time, Trustor agrees, at Trustor's expense, to engage a qualified
<br />"- ;"eiiYil"9~nt!!i eJigWI:# tirprepi!f~an environmental audit of the Property and to submit the results of such audit to
<br />13enefipl!l1; . .Jh~~!ljc!l. P,( tl1~,c;:nvironmental engineer who will perform such audit is subject to Beneticiary's
<br />approval...,........
<br />J. BenefIciary has the right, but not the obligation:t6 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 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 costs 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 without
<br />prejudice to any of Beneficiary's rights under this Deed of Trust.
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<br />~ <D' 993 Bankers Systems, Inc., St. Cloud. MN Form AG/CO-OT -NE 1/30/2002
<br />~.C164INE) loa071
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