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<br />200802720
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<br />anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of
<br />Debt, other evidences of debt, this Deed of Trust and any related documents including without limitation, the power
<br />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,
<br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and
<br />convey absolute title free and clear of all right, title and interest of Trustor at such time and place as Trustee
<br />designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the
<br />property to be sold as required by the 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
<br />law or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payment or partial
<br />payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed
<br />shall not constitute a waiver of Beneficiary's right to require full and complete cure of any existing default. By not
<br />exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the
<br />event a default if it continues or happens again.
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<br />18. EXPENSES; ADVANCES ON COVENANTS; 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 will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or
<br />protecting. the Property or in any inventories, audits, inspections or other examination by Beneficiary in respect to the
<br />Property. Trustor agrees to pay all costs and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's
<br />rights and remedies under this Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal
<br />expenses. Once the Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor
<br />agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from the time of the
<br />advance at the highest rate in effect, from time to time, as provided 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
<br />Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA, 42 U.S.c. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders,
<br />attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a
<br />hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste,
<br />pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous
<br />to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined
<br />as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental
<br />Law. Trustor represents, 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
<br />handled 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 Property.
<br />C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous Substance
<br />occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there
<br />is a violation of any Environmental Law concerning the Property. In such an event, Trustor will take all
<br />necessary 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 />any violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary
<br />in writing as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim,
<br />or 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 Environmental Law.
<br />F. There are no underground storage tanks, private dumps or open wells located on or under the Property and
<br />no such tank, dump or well will be added unless Beneficiary first consents in writing.
<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
<br />complied 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 records at any reasonable time to determine (1) the existence, location and nature of
<br />any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude
<br />of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not
<br />Trustor and 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 />environmental engineer to prepare an environmental audit of the Property and to submit the results of such
<br />audit to Beneficiary. The choice of the environmental engineer who will perform such audit is subject to
<br />Beneficiary's approval.
<br />J. Beneficiary has the right, but not the obligation, to 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
<br />will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all
<br />losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses,
<br />including without limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's
<br />successors or assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of Trust
<br />and in return Trustor will provide Beneficiary with collateral of at least equal value to the Property secured by
<br />this Deed of Trust without prejudice to any of Beneficiary's rights under this Deed of Trust.
<br />L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this section shall
<br />survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title to Beneficiary or any
<br />disposition by Beneficiary of any or all of the Property. Any claims and defenses to the contrary are hereby waived.
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<br />C 1993 Bankers Systems, Ine" St. Cloud, MN {l-eQO-397-2341j Form AGlCO-DT-NE 10130197
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