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<br />Secured bebt is fully and finally paid, Beneficiary egress to release this Deed of l"rust and Trustor agrees to pay for
<br />ar7y recordation costs. All such amounts are 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 prpvided in the Evidence of Debt and as permitted by law.
<br />19. ENVIRONMENTAL LAWS AND HAXpRpQUS SUBSTANCES. As used in this section, (1) "Environmental Law" means,
<br />without limitation, the Comprehensive �nvironmental Respanse, Compensation and Liability Act (CERCLA, 42 U.S.C.
<br />9601 et sey.�, all other feder�l, state and local laws, regulations, ordinances, court orders, attorney general opinions or
<br />interpretive letters conceming th� public health, safety, welfare, environment or a hazardous substance; and ('L)
<br />"Hazardnias Substance" means any toxic, radioactive or hazardous material, waste, pnllutant or contaminant which
<br />has rharacteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare
<br />nr environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic
<br />substances," "hazardous wasta" or "hazardous substance" under any Environmental Law. Trustnr 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 loceted, transported, manufactured, treated, refined, or handled
<br />by �iny persan on, under or about the Property, except in the ordinary course of business arid in strict
<br />compliance with all applicable Environmental Law,
<br />B. Trustor has not and will not cause, contribute to, or permit the r�lease of any Wazardaus Substance on the
<br />Property.
<br />C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous 5ubstance occurs
<br />on, under or apout the Property or mir�rates 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, 7rustor will take all riecessary
<br />remedial action in accordance with Environmental Law,
<br />D. Trustor has na knowledge of or reason to believe there is any pending or threatened investigation, claim, ar
<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 or any tenant of any Environmental Law. Trustor will immediately natify Beneficiary in
<br />writing as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim, �r
<br />proceeding, In such an event, Beneficiary has the right, but not the nbligation, to participate in any si�ch
<br />proceeding including the right to receive cnpies of any documents relating to such proceedinc�s.
<br />E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable Envirnnmental
<br />Law.
<br />F. TherP are no undPrqround storage tanks, private dumps or apen wells located on or under the Property and no
<br />such tank, dump or well will 6e added unless Beneficiary first consents in writing.
<br />G. Trustor will regularly inspect the Prnperty, monitor the activities and operatians on the Property, and confirrr�
<br />th�t all permits, lir,enses 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, Benaficiary or Beneficiary's agent to enter and inspect th�
<br />Property and review all records at any reasonable time ta determine (1 � the existence, IocaTion and nature of any
<br />Fiaz�rdous 5ubstance on, under or about the Property; (2) the existence, location, nature, and magnitude of �ny
<br />Hazardous Substance that has been released on, under or about the Property; ar (3) wh�ther or not Trustor and
<br />�ny tenant �re in compliance with applicable Environmental Law.
<br />I. Upnn Beneficiary's request and at any time, Trustor agrees, at Trus[ar's expense, to engage a qualified
<br />environmental engineer to prepare an erivirnnmental audit of the Property and to submit the results of such �audit
<br />to E3eneficiary. The choice of the environmental engineer who will perform such audit is subject to Beneficiary's
<br />appl'oval.
<br />J. Benefiiciary has the right, but not the obligation, to perform any of Trustor's abligations under this section at
<br />Trustor's expense.
<br />K. F�s 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 success�rs or assigns harmless from and against all losses,
<br />r,laims, demands, liabilities, damages, cleanup, respanse and remediation costs, penalties and expenses,
<br />including without limitation all costs of litigation and attomeys' fees, which Beneficiary and Beneficiary's
<br />$I.JCCPS$Of5 or assic�ns may sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed af
<br />Trust and in retum Trustor will provide Beneficiary with collateral of at least equal value to the Prnperty secured
<br />hy this peed of 7rust withaut prejudice to any of Beneficiary's rights under this Deed of Trust.
<br />l., Notwithstanding any of the language contained in this peed of Trust to the contrary, the terms of this section
<br />sh�fl survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of title tn
<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 />2A. 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 />dorriain, or any nther rrieans. Trustor further agrees to notify Beneficiary of any proceedings instituted for the
<br />establishment nf any sewer, water, conservation, ditch, drainage, or other district relating to or binding upon the
<br />Property nr �ny part of iT, Trustor auihorizes Beneficiary to intervene in Trustor's name in any af the abc�ve described
<br />actions or r.laims and to collect and receive all sums resulting from the action or claim. Trustor assigns to Beneficiary
<br />the prnceeds af �ny award ar claim for d�mages connected with a condemnation or other taking nf all or any part of
<br />the Property. Such praceeds shall be considered payments and will be applied as provided in this peed of Trust. This
<br />assignment of proceeds is su6ject to the terms of any prior security agreement.
<br />21. INSURANCE. Trustor agrees to maintain insurance as follnws:
<br />A. Trustor shali keep the Property insured against loss 6y fire, theft and ather hazards and risks reasnnably
<br />associated with the Property due to its type and location. Other hazards and risks may include, for example,
<br />coverage against lass due to floods or flooding. This insurance shall be maintained in the amounts and for the
<br />periods that Beneficiary requires, What Beneficiary requires pursuent to the preceding three sentences can
<br />r.hanc�e during the term af the 5ecured Debt. The insurance carrier pravidinfl the insurance shall 6e chasen by
<br />� (pa.qe 5 of 8/
<br />��"" C:) 7993, 2001 Bankers Systems, Inc., 5t. Cloud, MN Form AGCO-RE5I-NE 1/17/2003
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