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13135953v2
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<br />21
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<br />(g) to the actual knowledge of the Mortgagor, the mortgaging of the
<br />Mortgaged Property by Mortgagor to Mortgagee does not require notice to
<br />or the prior approval, consent or permission of any federal, state or local
<br />governmental agency, body, board or official;
<br />(h) to the actual knowledge of the Mortgagor, no notices of any violation of
<br />any of the matters referred to in the foregoing sections relating to the
<br />Mortgaged Property or its use have been received by Mortgagor and there
<br />are no writs, injunctions, decrees, orders or judgments outstanding, no
<br />lawsuits, claims, proceedings or investigations pending or threatened,
<br />relating to the ownership, use, maintenance or operation of the Mortgaged
<br />Property, nor is there any basis for any such lawsuit, claim, proceeding or
<br />investigation being instituted or filed; and
<br />(i) to the actual knowledge of the Mortgagor, except for matters disclosed in
<br />the Phase I, the Mortgaged Property is not listed in the United States
<br />Environmental Protection Agency’s National Priorities List of Hazardous
<br />Waste Sites nor any other log, list, schedule, inventory or record of
<br />Hazardous Materials or Hazardous Waste sites whether maintained by the
<br />United States, any state or local governmental unit.
<br />The Mortgagor agrees to indemnify and reimburse the Mortgagee, its successors
<br />and assigns, for any breach of these representations and warranties and from any
<br />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,
<br />representations and warranties, or for any loss, damage, expense or cost sustained
<br />as a result of their being located on the Mortgaged Property any Hazardous
<br />Materials or dangerous, toxic or hazardous pollutants, chemicals, wastes or
<br />substances during the time Mortgagor owned the Mortgaged Property and is
<br />obligated under this Mortgage, together with all attorneys’ fees incurred in
<br />connection with the defense of any action against the Mortgagee arising out of the
<br />above. These covenants, representations, warranties and indemnities shall be
<br />deemed to be for the benefit of the Mortgagee, and any successors and assigns of
<br />the Mortgagee, including any purchaser at a mortgage foreclosure sale, any
<br />transferee of the title of the Mortgagee or any subsequent purchaser at a
<br />foreclosure sale. The amount of all such indemnified loss, damage, expense or
<br />cost, shall bear interest thereon at the rate of interest in effect on the Bonds and
<br />shall become so much additional Indebtedness Secured Hereby and shall become
<br />immediately due and payable in full on demand of the Mortgagee, its successors
<br />and assigns.
<br />45. Notwithstanding the place of execution of this Mortgage, the parties to this
<br />instrument have contracted for Minnesota law to govern this Mortgage and it is
<br />controllingly agreed that this Mortgage is made pursuant to and shall be construed
<br />and governed by the laws of the State of Minnesota without regard to the
<br />principles of conflicts of law.
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