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<br />25.Assignee Not a Mortgagee in Possession. Nothing herein contained and no
<br />actions taken pursuant to this Assignment shall be construed as constituting the Assignee a
<br />mortgagee in possession.
<br />26.Unenforceable Provisions Severable. All rights, powers and remedies provided
<br />herein may be exercised only to the extent that the exercise thereof does not violate any
<br />applicable law, and are intended to be limited to the extent necessary so that they will not render
<br />this Assignment invalid, unenforceable or not entitled to be recorded, registered or filed under
<br />any applicable law. If any term of this Assignment shall be held to be invalid, illegal or
<br />unenforceable, the validity of other terms hereof shall in no way be affected thereby. It is the
<br />intention of the parties hereto, however, that this Assignment shall confer upon the Assignee the
<br />fullest rights, remedies and benefits available pursuant to Minnesota Statutes, Section 559.17 and
<br />Section 576.01, Subdivision 2.
<br />27.Successors and Assigns. The covenants and agreements herein contained shall
<br />bind, and the rights hereunder shall inure to the respective successors and assigns of the Assignor
<br />and the Assignee, including any purchaser at a foreclosure sale.
<br />28.Captions; Amendments; Notices. The captions and headings of the paragraphs of
<br />this Assignment are for convenience only and shall not be used to interpret or define the
<br />provisions of this Assignment. This Assignment may be amended only in a writing signed by
<br />the Assignor and the Assignee, in accordance with the provisions of the Indenture.
<br />29.Hazardous Materials. The Mortgagor represents and warrants to the Mortgagee,
<br />its successors and assigns, that, except to the extent reasonably necessary in the ordinary course
<br />of its operations, it has not used or permitted and will not use or knowingly permit the
<br />Mortgaged Property to be used, whether directly or through contractors, agents or tenants, and to
<br />the Mortgagor's actual knowledge without investigation or inquiry, the Mortgaged Property has
<br />not at any time been used for the generating, transporting, treating, storage, manufacture,
<br />emission of, or disposal of any dangerous, toxic or hazardous pollutants, chemicals, wastes or
<br />substances as defined in the Federal Comprehensive Environmental Response, Compensation
<br />and Liability Act of 1980 ("CERCLA"), or the Federal Resource Conservation and Recovery Act
<br />of 1976 or any other federal, state or local environmental laws, statutes, regulations,
<br />requirements and ordinances ("Hazardous Materials"); that there have been no investigations or
<br />reports involving Mortgagor or the Mortgaged Property by any governmental authority which in
<br />any way pertain to Hazardous Materials; that the operation of the Mortgaged Property has not
<br />violated and is not currently violating any federal, state or local law, regulation, ordinance or
<br />requirement governing Hazardous Materials; that the Mortgaged Property is not listed in the
<br />United States Environmental Protection Agency's National Priorities List of Hazardous Waste
<br />Sites nor any other list, schedule, log, inventory or record of Hazardous Materials or hazardous
<br />waste sites, whether maintained by the United States Government or any state or local agency
<br />and that the building improvements do not contain any formaldehyde, urea or asbestos, except as
<br />may have been disclosed in writing to the Mortgagee by the Mortgagor at the time of execution
<br />and delivery of this Mortgage. The Mortgagor agrees to indemnify and reimburse the
<br />Mortgagee, its successors and assigns, for any breach of these representations and warranties and
<br />from any loss, damage, expense or cost arising out of or incurred by Mortgagee which is the
<br />result of a breach of, misstatement of or misrepresentation of the above covenants,
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