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<br />Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustc>r �c�rees to pay for
<br />any recordation costs. All such arnounts are due on demand and will bear interest from the time of the advance at the
<br />highest rate in effect, from tiiYie to tirrie, as provided in the Evidence of Debt and as perrnitted hy law.
<br />79. ENVIRONM�NTAL LAWS AN� HAZARDOUS SUBSTANC�S. As used in this section, (1) "Environmental Law" rneans,
<br />without limitatic�n, the Cnrnprehensive Environmental Response, Compensation and Liability l�ct (CERCLA, 42 U.S.C.
<br />9801 et sey.�, all nther federal, state and local laws, reyulations, ordinances, court orders, attorney �eneral opinions or
<br />interpretive letters cc�ncerning tfie pu6lic he�ICh, safety, welfare, environrri�:nt or a hazardous substarice; and (2)
<br />"Hazardous Subst�rice" rrieans any coxir., radioar,tive or hazerdous maCerial, waste pOIIUt�llt or conTaminant whicfi
<br />has characteristics which render the substance darigerous or potentially dangerous io the puhlic health, safety, welfare
<br />or environment. The terrn iricludes, withnuC limitation, any substarices det'ined as "hazardous rriaterial," "toxic
<br />substances," "hazardous waste" or "hazardous suhstance" under any Environrriental l.�w. Trustor represents,
<br />warrants and agrees that, except as previously disclosed and acknowledged in writiny:
<br />A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or haridled
<br />by any person nn, �mder or about the Property, exr.ept in the ordinary course of 6usiness and in strict
<br />cnmpliance wiili all applicable Environrriental l,aw.
<br />B. Trustor has not and will not cause, c:ontrihu'te to, or pennit the release c�f any Hazardous 5ubstance on the
<br />Property.
<br />C. Trustor will immediately notify Beneficiary if (1) a release or threatened rel�ase of Hazardous 5uhstance occurs
<br />on, under or abaut the Prnperty or migrates or threatens to mic�rate from near6y property; or (2) there is a
<br />violation of any Environrnental L.aw concerning the Property. In such an event, Trustor will take all necessary
<br />remedial action in accordance with Environrnental Law.
<br />D. Trustor has nn knowledc�e nf or reason to believe there is any pendiny or thireatened investig:�tinn, cl�irn, or
<br />pror,eeding of any kind relatiri� to (1) any H�zardous Substance located ori, �inder or ahn�rt the Property; or (2)
<br />any violation by Trustor or any tenant of' any Environmental Law. Trustor will immediately notify Beneficiary in
<br />writiny as soon as irustnr has reason to believe there is any such pending or threatened investic�ation, clair7�, or
<br />proceeding. in such an event, Beneficiary has the ric�ht, b�rt not the obligation, to participate in any such
<br />proceedin� including the right to receive copies nf any documents relatiny to such proceedin�s.
<br />F.. Trustor and every tenant have been, are and shall remain in full corripliance with any applicable Fnvirnnmental
<br />Law.
<br />F. Ther�; are no underground storac�e tanks, private dur7�ps c�r c�pen wells loeated on or under the Property and no
<br />such tank CILIITI�J or well will be added unless Beneficiary first consents in writin�.
<br />G. Trustor will regularly inspect the Propert.y, rnonitor the activities �nd nperations on the f'roperty, and r,onfirm
<br />that all permits, licenses or approvals required 6y any applirable Environmental l,aw �re n6taincd end complied
<br />with.
<br />H. Trustor will permit, or rause any tenant to perrnit., Beneficiary or Beneficiary's ageni tn enter and insper.t the
<br />Property and review all records at any reas�nable time to detenr�ine (1) the existence, location and riature nf any
<br />Hazardous Suhst�nce on, under or about the Properry; (Z) the existence, location, nature, and magnitude of �ny
<br />Hazardous Suhstanr.e that has been released ori, under or about the Property; or (3) whether or not Trustor and
<br />any tenant are in car7�pliarice with �pplirable Environmental I,aw.
<br />I. Upon Berieficiary's fE'.C�IJP.St and at any time, Trustor ac�rees, at Trustor's expense, to enc�a�e a qualified
<br />environmental en�ineer to prepare an envirorit7ient�l ai_�dit of the Property and ro suhmit the results ot sur.h audit
<br />tn E�eneficiary. The cfioice of the envirnnmental engineer wlio will perform such audit is subject to F3eneficiary's
<br />approval.
<br />J. Beneficiary has t:he ri�ht, but not the obligation, tn perform any of Trustor's c�bligatinns �mdcr this section at
<br />Tr�.�stor's experise.
<br />K. As a consequence of any breach oF any representation, warranry ar promise made in this section, (1 � Trustor
<br />will indemnify and hold [3eneticiary arid Beneficiary's s�_iccessors or assigns harrnless from and against dII IOSSP,S,
<br />C�811715 demands, li�bilities, damayes, cleanup, response �f1C� remediation COSTS, penalties c'3f1C� expenses,
<br />including without limitation all costs of litigation and attorneys' fees, which E3eneficiary and Ben�:ficiary's
<br />successors or assigris rnay sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of
<br />Trust and in retum Trustor will provide Beneficiary with collateral of at least equal value to the Property secured
<br />by this peed of Tr�.ist without prejudice to any of Beneficiary's rights under this Deed of Trust.
<br />L. Notwithst�nding any of the lanqua�e contained in this Deed of Trust to the contrary, the terr7is o( this ser..tion
<br />shall survive any foreclosure or satisfaction nf this Deed of Trust reyardless nf any passa�e nf title to
<br />Beneficiary or any disposition hy Beneficiary of any ar all of the Property. Any clairris arid defenses ta the
<br />contrary are here6y waived,
<br />20. CONDEMNATION. Trustor wiil give Beneficiary prompt notice of any action, real nr threatened, by private nr public
<br />entities to purchase nr take any or all of the Property, including any easements, throuyh condemnation, erriinent
<br />domain, or any ather rrieans. Trustor further agrees to nntify Beneficiary of any proceedinc�s 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 authnrizes Beneficiary to intervene in Trustor's name in any of the above described
<br />actions or claims and to coll�ct and receive all sums resulting frorn the acTipn or claim. Trustor assiyns tn 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 prnceeds shall be considered paymenCs and will be applied as provided in this Deed of Trust. 7his
<br />assignment of proceeds is subject to the terms of any prinr security agreement.
<br />21. INSURANCE. Trustor ayre�s to maintain insurance as tollows:
<br />A. Trustor shall ICP..P.F1 the Property insured against IO55 by fire, theft and other hazards and risks reasonably
<br />associated with the Property due to its rype and location. Other hazards and risks may include, fnr example,
<br />coverage against loss due to floads or flooding. This insurance shall be maintained in the arnounts and for the
<br />pPriods that Beneficiary requires. What Beneficiary reyuires piarsuant to the preceding three sentences can
<br />change during the term of the 5ecured Debt. 1'he insiirance carrier providing the insurance shall be chasen by
<br />r� %� lpage 5 of 8/
<br />�j {_,� ' 1993, 100 1 Barikor Systerris, h�ic., St. Cloud, MN Form AGCO�HE51 NE I� 1 T2003 ��� �� y . ��
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