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<br />Secured Debt is fully and finally paid, Beneficiary agrees ta release this Deed of 7rust and Trustor agrees to pay for
<br />any recordation costs. All such amounts are due an 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 6y law.
<br />99. ENVIRONMENTAL LAWS AND HAZARDOUS SUB57ANCE5. As used in this sectian, (1) "Environmental Law" means,
<br />without limitation, the Camprehensive Environmental Response, Compensation and Liability Act (GERCLA, 42 U.S,C.
<br />9B01 et seq.►, all other federal, state and local laws, regulatians, 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 limitativn, any substances defined as "hazardous material," "toxic
<br />substances," "hazardous wasta" or "hazardous substance" under any Environmental Law. 7rustor 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 6usiness and in strict
<br />compliance with all applicable Environmental Law.
<br />B, Trustor has not and will not cause, contribute io, ar permit the release af any Hazardous Substance on the
<br />Property.
<br />C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Mazardous Substance occurs
<br />on, under ar about the Property or migrates or threatens to migrate from nearby property; or (2) there is a
<br />vialation of any Environmental Law conceming the Property. In such an event, Trustor will take all necessary
<br />remedial action in accordance with Environmental Law.
<br />D. 7rustor 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 Iocated on, under or abaut the Property; or (2)
<br />any violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary in
<br />writing as soon as Trustar 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 ta receive copies of any documents relating to such proceedmgs.
<br />E. Trustor and every tenant have been, are and shall remain in full campliance with any applica6le Enviranmental
<br />l.aw.
<br />F. There are no underground storage tanks, private dumps ar apen 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 an the Property, and confirm
<br />that all permits, licenses ar approvals required by any applica�le Environmental Law sre obtained and complied
<br />with.
<br />H. Trustor will permit, or aause any tenant to permit, Beneficiary or Beneficisry's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, lacatian 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 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 />environmental engineer to prepare an environmental audit of the Property and to submit the results af such audit
<br />to Beneficiary. The choice of the enviranmental engineer who will perform such audit is subject to Beneficiary's
<br />appraval.
<br />J. Beneficiary hss the right, but not ihe obligation, to perform any of Trustor's obligations under this section at
<br />Trustor's expense.
<br />K. As a consequence of any hreach 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 withaut limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's
<br />successors ar assigns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of
<br />Trust and in return 7rustnr will provide Beneficiary with collateral of at least equal value ta the Property secured
<br />by this Deed af Trust without prejudice to any of Beneficiary's rights under this Deed of Trust.
<br />L. Notwithstanding any of the language contained in this pesd of Trust to the cantrary, the terms of this section
<br />shall survive any fareclosure 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 af the Property. Any claims and defenses to the
<br />contrary are hereby waived.
<br />20. CONDEMNATION. Trustar will give Beneficiary prompt notice of any action, real or threataned, by private or public
<br />entities to purchase or take any or all of the Property, including any easements, through condemnatian, eminent
<br />domain, or any other means. Trustor further agress 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 />actions or claims and to collect and receive all sums resulting from the actian 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 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. Trustar 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 5ecured Debt. The insurance carrier praviding the insuranoe shall be chosen by
<br />�"" � 1883, 2001 Bankara Systama, Inc„ St. Claud, MN Form AGCO-RESI-NE 1/77/2003
<br />�(,�/ `I�/"/� lpeqe 5 of 8)
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