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201005440 <br />Secured debt is fully and finally paid, Beneficiary agrees to release tttia Dead of Trust and Trustor sprees to pay fpr <br />any recordation Gnats. All such amounts era 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 to the Evidence of pebt and ea permitted by law. <br />19. ENVIRPNMENTAL LAWS AND FIAZARDDUt's SUBStANCE3. As used in this seotian, It) "Environmental Law" moans, <br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act fCERCLA, a2 U.5.C. <br />9801 et aaq.1, all ether federal, state end local laws, regulations, ordinances, spurt ardera, attorney general opinions vt <br />interpretive letters concerning the public heath, safety, welfare, anviranment ar a hazardous substance; and 121 <br />"Hazardous Substanae" means anY toxic, radioaptive or hazardous materiel, waste, pollutant or contaminant which <br />hoe characteristics which render die substance dangerous ar potentially dangaraus tp the public health, safety, welfare <br />pr environment. Tha term inaludas, without limitation, any substances defined as "hazardous material," "toxic <br />substances," "hazardous waste" or "hazardous substance" under any Envirpnmental Law. Trustor represents, <br />warrants and agrees that, except ea pravwuaty disclosed and acknowledged in writing: <br />A. No Hazardous Substance has been, is, or will ba located, uanaported, manufactured, treated, refined, or handled <br />by any parson an, under or about the Property, except in the ordinary course of bwineea 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 Substsnae on the <br />Property. <br />C. Trustor will immediately notify Beneficiary if 111 a release a threatened release pf Hazardous Substance occurs <br />on, under or about the Property or migrates or threatens to migrate frpm nearby prpperty; or 121 there is a <br />violation of any Environmental Law concerning the Property, In such an event, Truster will take all necessary <br />remedial action in accardanca with Environmental Law. <br />D. Trustor has no knowledge of or reason to believe there is any pending or threatened invastigatian, alsim, or <br />proceeding of any kind relating tq 111 any Hazardous Substance located on, under ar about the Property; or 121 <br />any violation 6y Trustor pr 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, 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 tp such proceedings. <br />E, Trustor end every tenant have been, are and shall remain in full compliance with any applicable Environmental <br />Law. <br />F. Thera era no underground storage tanks, private dumps or open wells located vn nr under the Property ehd no <br />such tank, dump nr well will be added unless beneficiary first consents in writing. <br />G. Truster will regularly inspect the Property, menitar die activRias and aparatipns an the Property, and confirm <br />that alt permits, licenses pr approvals required by any applicable Environmental Law are obtained and complied <br />with. <br />H, Truatar will permit, or cause env 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 111 the existence, location and nature of any <br />Hazardous Substance on, under or about the Property; 12- the existence, location, nature, and magnitude of any <br />Hazardous Substanae that has been released on, under or about the Property; or (31 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, Truatar agrees, aY Truatar's expanse, 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 peneficiary. The choice of the environmental engineer who will perform such audit is auhjent tp Beneficiary's <br />approval. <br />J. beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under this sactian at <br />Trustor's expense, <br />K. As a consequence of any breach of any rapresantation, warranty or promise made in this section, 11) Trustor <br />will indemnify and hold Beneficiary and neficlary's succeaaors nr assigns harmless frpm and against all (asses, <br />claims, demands, liabilities, damages, cleanup, response and remediativn volts, penalties and expanses, <br />including without limitation all costa of litigation and attorneys' fees, which Beneficiary and Beneficiary's <br />auccesaors or assigns may sustain; and 12- at beneficiary's disaratinn, Beneficiary may release this Dned of <br />trust and in return Trustor will provide Beneficiaryy with collateral of at least equal value to the Property secured <br />by this deed of Trust without prejudice tp any pf 8eneficiary's rights under this Dead 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 eatiafactton of this Daod of Trust regardless of any passage of title to <br />beneficiary or any disposition by Beneficiary pf any or all pf the Property. Any claims and defenses to the <br />contrary era hereby waived. <br />20. CONDEMNAt1ON. Trustor will give Beneficiary prompt notice of any avtion, real ar threatened, by private yr public <br />entities to purchase or take any pr all of the Property, including any easements, through cohdemnation, eminent <br />domain, or any ether means. Trustor further agrees to notify Beneficiary of any propaedings instituted far the <br />establishment of any sewer, water, conservation, ditch, drainage, or other district relating tp nr binding upon the <br />Prnparty or any part of it. Trustor authorizes Beneficiary to irnervene in Truatpr's name in any of the above described <br />actions or claims and to vollact and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary <br />the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of <br />the Property. Such proceeds shall be considered payments and will be applied as provided in this dead of Trust. This <br />assignment of proceeds is subject to the terms of any prior aevuritY agreement. <br />21. INSURANCE. Trustor agrees to maintain insurance as follows: <br />A. Trustor shalt keep the Property insured against Ines by fire, theft and other haaarda and risks reasonably <br />associated with the Property due to its type and localise. Other hazards and ricks may include, for example, <br />vpveraga against Ines due to floods or flooding. This insurance shall be maintained in the amounts and far the <br />periods that Beneficiary requires. What beneficiary requires pursuant tp the preceding three sentencaa can <br />change during the term of the Secured debt. The insurance car~rier~-prow-iding the insurance shall be chosen by <br />4L ~? .~. rP°a° s ur sl <br />tj~~~ p1 B93, 2W1 9enkere eYStems, Me., 5t. peud, MN Fnm AGCOA~SMIE 1/17l20n3 <br />