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<br />200701932
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<br />Secured Debt is fully end 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 />hi.ghest rate in effoot, from time to time, as provided in the Evidenoe of Debt and as permitted by law.
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<br />19. 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.f, all other federal, state end local laws, regulations, ordinanoes, court orders, attorney general opinions or
<br />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
<br />has characteristios which render the substanca 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 reprosonts,
<br />warrants and agrees that, except as previously disclosed and acknowledged in writing:
<br />A. No Hazardous 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 />C, Trustor will immediately notify Beneficiary if (1) a release or threaten ad release of Hazardous Substance occurs
<br />on, under or about the Property or migrates or threatens to migrate from nearby proparty; or (2) there is a
<br />violation of any Environmental Law concerning the Property. In such an event, Trustor will take all necessary
<br />remedial action in accordance with Environmental Law.
<br />D. Trustor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or
<br />proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property ;or (2)
<br />eny violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify f$eneficiary in
<br />writing as sooh as Trustor has rllason to believe there is any such pending or thrllstened investigation, claim, or
<br />proceeding. In such an event, Beneficiary has the right, but not the obligation, to participate" in any such
<br />proceeding including the right to receive copies of any documents relating to such proceedings.
<br />E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable Environmenta.1
<br />Law.' .. ... ,
<br />F, There are no underground storage tanks, private dumps or open wells located on or under the Property alid no
<br />such tank, dumper WBII will be added unless Beneficiary first consents inwriting.. ',' ' .
<br />G. Trustor will regularly inspect the Property, monitor the activities and' operations on the Property, and ,confirm
<br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained ,and complied
<br />with.' .'. ,
<br />H. Trustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspect the
<br />Property and review all re,^ords ,at any reasonable time to determine (1) the existence, location. and nature. of any
<br />Hazardous Substance on, under or abouttha Property;(2) the existence, location, nature, and magnitude of any
<br />Hazardous Substance that has been released on, under or about the Property; or (3) whether.or not Trustor and
<br />any tenant are in compliance with applicable Environmental Law.
<br />I. Upon Beneficiary's request and at any time, Trustor agrees, at Trustor's expense, to engage a qualified
<br />environmentalangineer to.prepare an environJTIental audit of thaProperty and to submit the results of such a\.ldit
<br />to Baneficiary. .The choice of the environmental enginaer who will perform. such audit is subject to BElneficiary's
<br />approval. '
<br />J. Beneficiary has the right, but not thB obli.gation, to perform any of Trustor's obligations urider this section at
<br />Trustor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this saotion,( 1) Trustor
<br />will indemnify and hold Beneficiary and Beneficiary's SUCCtlssors or assigns harmless from and against all losses,
<br />claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expBnses,
<br />including without limitation all costs of litigation and attorneys' fees, which Beneficiary and Benaficiary's
<br />successors or assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of
<br />Trust and in return Trustor wili provide Beneficiary with collaterel of at least equal value to the Property secured
<br />by this Deed of Trust without prejudice to any of Beneficiary's rights under this Deed of Trust.
<br />L. Notwithstanding any of the language oontained in thi$ Deed of Trust to the contrary, the terms of this section
<br />shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title to
<br />Beneficiary or any disposition by Beneficiary of any or all of the Property. Any claims and defenses to the
<br />contrary are hereby waived.
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<br />20, CONDEMNATION. Trustor will give Beneficiary prompt notice of any action, real or threatened, by private or public
<br />entities to purchase or take any or all of the Property, including any easements, through condemnation, eminent
<br />domain, or any other means. Trustor further agrees to notify Beneficiary of any proceedings instituted for the
<br />establishment of any sewer, water. conservation, ditch, drainage, or other district relating to or binding upon the
<br />Property or any part of it. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described
<br />aotions or olaims and to collect and receive all sums resulting from the aotion or claim. Trustor assigns to Beneficiary
<br />the prooe8ds of any award or claim for damages connected with a oondemnation or other taking of all or any part of
<br />the Property. Such proceeds shall be oonsidered payments and will be applied as provid8d in this Deed of Trust, This
<br />assignment of proceeds is subject to the terms of any prior security agreement.
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<br />21. INSURANCE. Trustor agrees to maintain insurance as follows:
<br />A. Trustor shall keep the Property insured against loss by fire, theft and other hazards and risks reasonably
<br />associated with the Property due to its type and location. Other hazards and risks may include, for example,
<br />coverage against loss due to floods or flooding. This insurance shall be maintained in the amounts and for the
<br />periods that Beneficiary requires. What Beneficiary requires pursuant to the preceding three sentences can
<br />change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosan by
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<br />(ptfg.. 5 af 8)
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<br />~ @1993, ~001 Bonko,o Systom..lnc., St. Cloud, MN Fo,m AGCO.RESI.NE 1/1712003
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