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disposal of any dangerous, toxic or hazardous pollutants, chemicals, wastes or substances as defined in the Federal Comprehensive
<br />Environmental Response Compensation and Liability Act of 1980, or the Federal Resource Conservation and Recovery Act of
<br />1976, or the Minnesota Environmental Response and Liability Act, Minn. Stat. Ch. 115A, or any other federal, state or local
<br />environmental laws, statutes, regulations, requirements and ordinances, and also including formaldehyde, urea and asbestos (the
<br />"Hazardous Materials"); (ii) that there have been no investigations or reports involving Mortgagor or the Mortgaged Property by
<br />any governmental authority which in any way pertain to Hazardous Materials other than as previously disclosed to Mortgagee; (iii)
<br />that to the best of their knowledge and belief, upon due inquiry, Mortgagor's operation of the Mortgaged Property has not violated
<br />and is not currently violating any federal, state or local law, regulation, ordinance or requirement governing Hazardous Materials;
<br />(iv) that the Mortgaged Property is not listed in the United States Environmental Protection Agency's National Priorities List of
<br />Hazardous Waste Sites nor any other list, schedule, log, inventory or record of Hazardous Materials or hazardous waste sites,
<br />whether maintained by the United States Government or any state or local agency; and (v) that the Improvements will not contain
<br />any formaldehyde, urea, or asbestos, except as may have been disclosed in writing to Mortgagee by Mortgagor at the time of
<br />execution and delivery of this Mortgage, and except to the extent that industry standard building materials utilized by Mortgagor
<br />in any new construction on the Mortgaged Property may contain such materials. Mortgagor agrees to indemnify and reimburse
<br />Mortgagee, its successors and assigns, for any breach of these representations and warranties and from any loss, damage, expense
<br />or cost arising out of or incurred by Mortgagee which is the result of a breach of, misstatement of or misrepresentation of the above
<br />covenants, representations and warranties, together with all attomey's fees incurred in connection with the defense of any action
<br />against Mortgagee arising out of the above. These covenants, representations and warranties shall be deemed continuing covenants,
<br />representations and warranties for the benefit of Mortgagee, and any successor and assigns of Mortgagee, including any purchaser
<br />at a mortgage foreclosure sale, any transferee of the title of Mortgagee or any subsequent purchaser at a foreclosure sale, and any
<br />subsequent owner of the Mortgaged Property and shall survive any foreclosure of this Mortgage and any acquisition of title by
<br />Mortgagee or anyone claiming through or under this Mortgage the title of Mortgagee. The amount of all such indemnified loss,
<br />damage, expense or cost, shall bear interest thereon at the rate of interest in effect on the Note and shall become additional
<br />Indebtedness secured by this Mortgage and shall become immediately due and payable in full upon demand of Mortgagee, its
<br />successors and assigns.
<br />written.
<br />IN WITNESS WHEREOF, Mortgagor has caused this Mortgage to be duly executed as of the day and year first above
<br />MK Johnson Properties, LLC, a Minnesota limited liability company
<br />BY:
<br />Kristen Johnson, Registered Agent
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