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D. Grantor has no knowledge of or reason to believe there is any pending or threatened investigation,
<br />claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br />the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will
<br />immediately notify Lender in writing as soon as Grantor has reason to believe there is any such
<br />pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but
<br />not the obligation, to participate in any such proceeding including the right to receive copies of any
<br />documents relating to such proceedings.
<br />E. Grantor and every tenant have been, are and shall remain in full compliance with any applicable
<br />Environmental Law.
<br />F. There are no underground storage tanks, private dumps or open wells located on or under the Property
<br />and no such tank, dump or well will be added unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br />confirm that all permits, licenses or approvals required by any applicable Environmental Law are
<br />obtained and complied with.
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and insect the
<br />Property and review all records at any reasonable time to determine (1) the existence, location and
<br />nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature,
<br />and magnitude of any Hazardous Substance that has been released on, under or about the Property; or
<br />(3) whether or not Grantor and any tenant are in compliance with applicable Envirorunental Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of
<br />such audit to Lender. The choice of the environmental engineer who will perform such audit is subject
<br />to Lender's approval.
<br />J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section
<br />at Grantor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
<br />Grantor will indemnify and hold Lender and Lender's successors or assigns hazmless from and against
<br />all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties
<br />and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and
<br />Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this
<br />Deed of Trust and in return Grantor will provide Lender with collateral of at least equal value to the
<br />Property secured by [his Deed of Trust without prejudice to any of Lender's rights under this Deed of
<br />Trust.
<br />L. Notwithstanding any of the language contained in this Deed of Trust to the contrary, the terms of this
<br />section shall survive any foreclosure or satisfaction of this Deed of Trust regardless of any passage of
<br />title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to
<br />the contrary are hereby waived.
<br />20. CONDEMNATION. Grantor will give Lender prompt notice of any action, real or threatened, by private or
<br />put/lic entities to purchase or take any or all of the Property, including any easements, through condemnation,
<br />eminent domain, or any other means. Grantor further agrees to notify Lender of any proceedings instituted
<br />for the establishment of any sewer, water, conservation, ditch, drainage, or other district relating to or
<br />binding upon the Property or any part of it. Grantor authorizes Lender to intervene in Grantor's name in any
<br />of the above described actions or claims and to collect and receive all sums resulting from the action or claim.
<br />Gr~mtor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or
<br />other taking of all or any part of the Property. Such proceeds shall be considered payments and will be
<br />applied as provided in this Deed of Trust. This assignment of proceeds is subject to the terms of any prior
<br />mortgage, deed of trust, security agreement or other lien document.
<br />21.INSURANCE. Grantor agrees to maintain insurance as follows:
<br />4. Grantor shall keep the Property insured against loss by fire, theft and other hazards and risks
<br />reasonably associated with the Property due to its type and location. Other hazards and risks may
<br />include, for example, coverage against loss due to floods or flooding. This insurance shall be
<br />maintained in the amounts and for the periods that Lender requires. What Lender requires pursuant to
<br />the preceding sentence can change during the term of the loan. The insurance carrier providing the
<br />insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably
<br />withheld. If Grantor fails to maintain the coverage described above, Lender may, at Lender's option,
<br />obtain coverage to protect Lender's rights in the Property according to the terms of this Deed of Trust.
<br />All insurance policies and renewals shall be acceptable to Lender and shall include a standard
<br />"mortgage clause" and, where applicable, "lender loss payee clause." Grantor shall immediately notify
<br />Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies
<br />and renewals. If Lender requires, Grantor shall immediately give to Lender all receipts of paid
<br />premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the insurance canter
<br />and Lender. Lender may make proof of loss if not made immediately by Grantor.
<br />Unless Lender and Grantor otherwise agree in writing, insurance proceeds shall be applied to
<br />restoration or repair of the Property damaged if the restoration or repair is economically feasible and
<br />Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's
<br />security would be lessened, the insurance proceeds shall be applied to the Secured Debt, whether or
<br />not then due, with any excess paid to Grantor. If Grantor abandons the Property, or does not answer
<br />within 30 days a notice from Lender that the insurance cazrier has offered to settle a claim, then
<br />Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the
<br />Property or to pay the Secured Debt whether or not then due. The 30-day period will begin when the
<br />notice is given.
<br />Unless Lender and Grantor otherwise agree in writing, any application of proceeds to principal shall
<br />not extend or postpone the due date of scheduled payments or change the amount of the payments. If
<br />the Property is acquired by Lender, Grantor's right to any insurance policies and proceeds resulting
<br />from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured
<br />Debt immediately before the acquisition.
<br />F'.. Grantor agrees to maintain comprehensive general liability insurance naming Lender as an additional
<br />insured in an amount acceptable to Lender, insuring against claims arising from any accident or
<br />occurrence in or on the Property.
<br />~~ ®7893 Bankan ByKame, Ine.. Sl. CbW, MN form AO/CO-0T~NC 9/22/2001
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