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The Mortgagor agrees to indemnify and to hold the Mortgagee harmless from any and all claims,
<br />causes of action., damages, penalties, and costs (including, but not limited to,, reasonable
<br />attorneys' 'fees, consultant's fees and related expenses) which may be asserted against, or incurred
<br />by, the Mortgagee resulting from or due to release of any hazardous substance or waste on the
<br />Mortgaged Property or arising out of any 'injury to human health or the environmient by reason of
<br />the condition of or past activity upon the Mortgaged Property, excluding any such claims,, causes
<br />damages
<br />of action, , ,
<br />penalties and costs attributable to the negligence of- the Mortgagee, the
<br />Mortgagee's agents or employees. The Mortgagor's duty to indemnify and hold harmless
<br />includes, but is not limited to, proceedings or actions conimenced by any person (including, but
<br />not limited to,, any federal, state, or local governmental agency or entity), before any court or
<br />administrative agency. The Mortgagor further agrees that pursuant to, the Mortgagor's duty to
<br />indemnify under this section, the Mortgagor shall indemnify the Mortgagee a0ainst all expenses
<br />incurred by the Mortgagee as they become due and not waiting for, the ultimate outclonle of the
<br />litigation or adniinistrative proceeding. The Mortgagor's obligations, to indemnify and hold the
<br />Mortgagee harmless hereunder shall. survive repayment of the Mortgage Amount and satisfaction
<br />or foreclosure of this Mortgage.
<br />SECTION 1. 15. LEASE. The Mortgagor shall not lile all or any portion of the Land
<br />without the prior written consent of the Mortgagee.
<br />ARTICLE 11
<br />INSUR ANCE, CONDEMNATION AND USE, OF PROCEEDS
<br />SECTION 2.01. INSURA NCE. The Mortgagor shall keep the buildings, structures,
<br />fixtures and other improvements now existing or hereafter erected on the Land, insured, or
<br />subject to a self-insurance program, against loss by fire, vandalism and malicious mischief, perils
<br />casualties and contin ties of extended coverage, and such other hazards,, gleniciles as sped icid in the
<br />Loan Agreement, in an amount. not less than the Mortgage Amount or the full "Insurable value
<br />thereof, whichever is greater. All insurance shall be carried in companies licensed to do business
<br />in the State of Minnesota and approved by the Mortgagee and the policies and renewals thereof
<br />shall (1) contain a waiver of defense based on coinsurance, (ii) be constantly assigned and
<br />pledged to and held by the Mortgagee as additional security for the Indebtedness Secured
<br />Hereby, (iii) have attached thereto loss payable clauses in favor of and in form acceptable to the
<br />Mortgagee, and (iv) provide that the Mortgagee shall receive at least thirty (3101) days' prior
<br />written notice of cancellation or any substantial modification of the policy., The Mortgagor
<br />hereby agrees to give the Mortgagee at least thirty (30) days prior written notice of any
<br />cancellation of, or substantial modification to, any permitted self-insurance program. If the
<br />Mortgagor defaults in its obligation to maintain insurance or a self-insurance program, the
<br />Mortgagee may effect any insurance required to be maintained by the Mortgagor pursuant to the
<br />Loan Agreement and the amount paid therefor shall become immediately due and playable with
<br />interest at a rate equal to the rate of interest under the Note, or if suich rate is illegal or usurious,
<br />at the maximum rate permitted by law, and shall be secured by this Mortgage. In the event of
<br />loss or damage to the Mortgaged Property, the Mortgagor will give immediate written notice
<br />thereof to the Mortgagee, who may make proof of loss or damage if not made promptly by the
<br />Mortgagor. The Mortgagor hereby authorizes and directs each insurance company concerned to
<br />make payment for any such loss to the Mortgagor and the Mortgagee Jointly. In the event of
<br />2150387v] 10
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