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<br />200801494
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<br />Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed .of Trust and Trustar agrees ta pay far
<br />any recordation costs. All such amaunts are due an demand and will bear interest from the time of the advance at the
<br />highest rate in effect, fram time ta time, as pravided in the Evidence .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 />withaut limitatian, the Camprehensive Enviranmental Respanse, Campensatian and Liability Act (CERCLA, 42 U.S.C.
<br />9601 et seq.), all ather federal, state and lacallaws, regulations, .ordinances, caurt .orders, attarney general apinians .or
<br />interpretive letters cancerning the public health, safety, welfare, enviranment or a hazardous substance; and (2)
<br />"Hazardous Substance" means any taxic, radiaactive .or hazardaus material, waste, pollutant or contaminant which
<br />has characteristics which render the substance dangerous .or potentially dangeraus ta the pUblic health, safety, welfare
<br />.or enviranment. The term includes, withaut limitation, any substances defined as "hazardous material," "toxic
<br />substances," "hazardaus waste" .or "hazardaus substance" under any Environmental Law. Trustor represents,
<br />warrants and agrees that, except as previausly disclased and acknawledged in writing:
<br />A. Na Hazardaus Substance has been, is, or will be located, transported, manufactured, treated, refined, .or handled
<br />by any persan on, under or about the Property, except in the .ordinary caurse .of business and in strict
<br />campliance with all applicable Enviranmental Law.
<br />B. Trustar has nat and will nat cause, contribute to, or permit the release .of any Hazardaus Substance on the
<br />Praperty.
<br />C. Trustor will immediately natify Beneficiary if (1) a release .or threatened release .of Hazardaus Substance .occurs
<br />an, under .or abaut the Praperty .or migrates .or threatens to migrate from nearby property; or (2) there is a
<br />violatian .of any Enviranmental Law concerning the Property. In such an event, Trustor will take all necessary
<br />remedial action in accardance with Enviranmental Law.
<br />D. Trustor has na knawledge .of .or reasan ta believe there is any pending .or threatened investigatian, claim, .or
<br />praceeding .of any kind relating ta (1) any Hazardous Substance lacated an, under .or abaut the Praperty; .or (2)
<br />any vialatian by Trustar or any tenant of any Enviranmental Law. Trustor will immediately notify Beneficiary in
<br />writing as soon as Trustar has reasan ta believe there is any such pending .or threatened investigation, claim, or
<br />proceeding. In such an event, Beneficiary has the right, but nat the abligatian, to participate in any such
<br />praceeding including the right to receive copies of any documents relating ta such praceedings.
<br />E. Trustar and every tenant have been, are and shall remain in full campliance with any applicable Enviranmental
<br />Law.
<br />F. There are no undergraund starage tanks, private dumps .or .open wells lacated an .or under the Property and no
<br />such tank, dump .or well will be added unless Beneficiary first consents in writing.
<br />G. Trustar will regularly inspect the Praperty, manitar the activities and operatians an the Property, and canfirm
<br />that all permits, licenses or approvals required by any applicable Enviranmental Law are .obtained and camplied
<br />with.
<br />H, Trustor will permit, or cause any tenant ta permit, Beneficiary .or Beneficiary's agent ta enter and inspect the
<br />Praperty and review all records at any reasanable time ta determine (1) the existence, lacatian and nature .of any
<br />Hazardaus Substance an,under .or abaut the Praperty; (2) the existence, location, nature, and magnitude of any
<br />Hazardaus Substance that has been released an, under .or abaut the Property; or (3) whether or not Trustor and
<br />any tenant are in compliance with applicable Environmental Law.
<br />I. Upan Beneficiary's request and at any time, Trustor agrees, at Trustar's expense, ta engage a qualified
<br />enviranmental engineer ta prepare an enviranmental audit .of the Praperty and to submit the results of such audit
<br />ta Beneficiary. The chaice .of the enviranmental engineer wha will perform such audit is subject to Beneficiary's
<br />appraval.
<br />J. Beneficiary has the right, but not the obligation, to perfarm any .of Trustar's abligatians under this sectian at
<br />Trustor's expense.
<br />K. As a consequence .of any breach .of any representatian, warranty .or promise made in this section, (1) Trustor
<br />will indemnify and hold Beneficiary and Beneficiary's successors .or assigns harmless fram and against all lasses,
<br />claims, demands, liabilities, damages, cleanup, response and remediatian casts, penalties and expenses,
<br />including with aut limitatian allc.osts .of litigatian and attarneys' fees, which Beneficiary and Beneficiary's
<br />successars .or assigns may sustain; and (2) at Beneficiary's discretian, Beneficiary may release this Deed .of
<br />Trust and in return Trustar will pravide Beneficiary with callateral .of at least equal value to the Property secured
<br />by this Deed .of Trust with aut prejudice ta any .of Beneficiary's rights under this Deed of Trust.
<br />L. Natwithstanding any of the language contained in this Deed .of Trust ta the cantrary, the terms .of this section
<br />shall survive any foreclasure .or satisfactian .of this Deed .of Trust regardless of any passage of title to
<br />Beneficiary .or any dispasitian by Beneficiary of any .or all of the Property. Any claims and defenses ta the
<br />contrary are hereby waived.
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<br />20. CONDEMNATION. Trustar will give Beneficiary prompt notice of any actian, real .or threatened, by private or public
<br />entities to purchase or take any .or all .of the Praperty, including any easements, through condemnation, eminent
<br />damain, or any ather means. Trustar further agrees ta natify Beneficiary of any proceedings instituted for the
<br />establishment .of any sewer, water, canservatian, ditch, drainage, .or other district relating ta .or binding upan the
<br />Property or any part .of it. Trustar autharizes Beneficiary ta intervene in Trustor's name in any .of the abave described
<br />actians .or claims and ta callect and receive all sums resulting from the actian .or claim. Trustar assigns ta Beneficiary
<br />the praceeds .of any award or claim for damages connected with a condemnatian .or ather taking .of all .or any part .of
<br />the Property. Such proceeds shall be cansidered payments and will be applied as provided in this Deed of Trust. This
<br />assignment of proceeds is subject ta the terms .of any priar security agreement.
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<br />21. INSURANCE. Trustar agrees ta maintain insurance as follows:
<br />A. Trustor shall keep the Praperty insured against lass by fire, theft and ather hazards and risks reasonably
<br />associated with the Praperty due ta its type and lacatian. Other hazards and risks may include, for example,
<br />caverage against lass due ta floods .or flooding. This insurance shall be maintained in the amaunts and far the
<br />peri ads 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 praviding the insurance shall be chasen by
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<br />~ @1993, 2001 llankers Systems, Inc" St. Cloud, MN Form AGCa.RESI.NE 1/17/2003 'X.(i(()
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