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<br />Secured Debt is fully and 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 />highest rate in effect, from time to time; as provided in the Evidence of Debt and as permitted by law.
<br />19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section; (1) "'Envirorimentel'Law'" means,
<br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C.
<br />9601. et seq.-, all other federal, state and local laws; regulations, ordinances, 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 characteristics which render the substance 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 represents,
<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 threatened release of Hazardous Substance occurs
<br />on, under or about the Property or migrates or threatens to migrate from nearby property; 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 ar about the Property; or (2)
<br />any violation by Trustor ar any tenant of any Environmental Law. Trustor will immediately notify Beneficiary in
<br />writing as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim, ar
<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 Environmental
<br />Law,
<br />F. There are no underground storage tanks, private dumps or open wells located on or under the Property and no
<br />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 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 records at any reasonable time to determine (1) the existence, location and nature of any
<br />Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br />Hazardous Substance that has been releast'~d on',' under or about the' Property;' or (3) whether or not Trustor ar,d
<br />any tenant are in compliance with applicable Environmental Law'.
<br />I. Upon Beneficiary's request and at any time, Trustor agrees, at TruStar's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
<br />to Beneficiary. The choice of the environmental engineer who will perform such audit is subject to Beneficiary's
<br />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 losses,
<br />claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses,
<br />_. -_... ..- including vyithout Iimitat.iQn all .costs _of_litigatior, and attoi•ney_s' fees, _anihich: Beneficiary and.. Beneficiary'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 wilt provide Beneficiary with collateral 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 contained in this 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.
<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 bindjng 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 />'actions or claims and to collect and receive all sums resulting from the action or claim: Trustor assigns to Beneficiary
<br />the proceeds of any award or claim far damages connected with a condemnation or other taking of all ar any part of
<br />the Property. Such proceeds shall be considered payments and will be applied as provided in this Deed of Trust, This
<br />assignment of proceeds is subject to the terms of any prior security agreement.
<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 earl
<br />change during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by
<br />(page 5 0/ 81
<br />FPM (~ 1993, 2001 bankers Systems, Inc., St. Cloud, MN Form AGCO-RE5I-NE 1 /1 71200 3
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