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2010�7547
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<br />�ecur��l b��t��s �ully and finally paid, Beneficiary agrees ta release this beed of Trust and Trustor agrees to pay for
<br />any recordation costs. All such amounts �re due on demand and will 6ear 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 />99. ENVIRONMENTAL LAWS AND HAZARDOIIS SUBSTANCES. As used in this section, (1) "Environmental Law" means,
<br />without limitation, the Comprehensive Environm�ntal 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, attarney general opinions or
<br />interpretive letters concerning the public health, safety, welfare, envirnnment 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, safery, welfare
<br />or environment. The term includes, without limitation, any subsiances defined as "hazardous material," "toxic
<br />substances," °hazardous waste" 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 />6y any person on, under or about the Property, except in the ordinary course of 6usiness and in strict
<br />cnmpliance with all applica6le Environment�l Law.
<br />B. Trustor has nnt and will not r,ause, contribute to, or permit the release of any Hazardous Substance on the
<br />Property.
<br />C, Trustnr will immediately notify Beneficiary if (1) a release or threatened release of Hazardous 5ubstance occurs
<br />on, under or about the Property or migrates ar threatens to migrate from near6y prnperty; 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 6elisve there is any pending or threatened investigation, claim, or
<br />proceeding of any kind relatinq to (1) any Hazardous Substance located on, under or about the Property; or (2)
<br />�iny violation by Trustor or any tenant of any Environmental Law. Trustor will immediately notify Beneficiary in
<br />writinq as soon as `frustor has reason to helieve there is any such pending or threatened investigation, claim, or
<br />proceedin,y. 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 6een, are and shall remain in full compliance with any applicable Environmental
<br />Law.
<br />F. There are no �inderground 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 r�gularly inspect the Property, monitor the activities and operati�ns an 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 tn enter and inspect the
<br />Property and review all records at any reasonable time to determine (1 � the existence, Icacation and nature of any
<br />Hazardous 5ubstance on, under or a6o�rt the Property; (2) [he existence, location, nature, and magnitud� of any
<br />Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Trustor and
<br />��ny tenant are in compliance with applicable Fnvironmental Law,
<br />I. Upon 6eneficiary's request �nd at any time, Trustor agrees, at Trustor's expense, to engaga a qualified
<br />environmental erigineer 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 perforrn such audit is su6ject to Beneficiary's
<br />approval.
<br />J. Beneficiary has the ri�ht, 6ut not the o6ligation, to perform any of 7rustor'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) 7rustor
<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 �xpensas,
<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 peed of
<br />Trust and in return Trustor will provide Ban�ficiary with collateral of at least equal value to the Property sacured
<br />by this Deed of Trust without prejudice to any of Beneficiary's rights under this peed nf 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 �ny foreclosure or satisfaction of this Deed of Trust regardless of any passage of title to
<br />Beneficiary nr any dispositinn by Beneficiary nf any or all of the Property. Any claims and defenses to the
<br />contrary are here6y waived.
<br />20. CONDEMNATION. Trustor will {�ive Beneficiary prompt notice of any action, real or threatened, by private or public
<br />entities to purchase nr take any nr all �F the Property, including any easements, through condemnation, eminent
<br />domain, or any other means, Trustor further agrees to notify Beneficiary of any proceedings instituted fnr the
<br />est�blishment of any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the
<br />Property or any part of it. Tr��stor authorizes Beneficiary to intervene in Trustar's name in any of the above descrihed
<br />actior7s or claims and to collect and rec�ive all sums resulting from the action or claim. Trustor assigns to Qeneficiary
<br />the proc�eds of any award or claim far damages connected with a condemnation ar ather takinfl of all or any part nf
<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. Qther hazards and risks may include, for exampl�,
<br />coverage against loss due to floods or flooding. This insuranc� shall be maintained in the amounts and for the
<br />periods that Benefiriary requires. What Beneficiary r�quires pursuant to the preceding three sentences can
<br />chan�e during the term of the Secured Debt. The insurance carrier providing the insurance shall be chosen by
<br />s"! '� ��� ��n n (Page 5 of 8/
<br />Cr�"' G') 1993, 2001 Eankars Systams, Inc., St. Cloud, MN Form AGCD-RESI-NE 1f17/2003 VI � 1.
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