ABATEMENT OF OR TO INSTITUTE A SAFE, EFFECTIVE AND
ENVIRONMENTALLY APPROVED CONTROL PLAN FOR ANY HAZARDOUS SUBSTANCE OR THE
REPLACEMENT OR REMOVAL OF ANY SOIL, WATER, SURFACE WATER, OR GROUND WATER
CONTAINING HAZARDOUS SUBSTANCE IN ACCORDANCE WITH ENVIRONMENTAL LAWS; OR
(V) ARISING OUT OF THE EXISTENCE OF ANY ENVIRONMENTAL LIEN AGAINST THE PREMISES
PURSUANT TO ANY ENVIRONMENTAL LAWS; OR (VI) ARISING OUT OF ANY VIOLATION OR
CLAIM OF VIOLATION OF ENVIRONMENTAL LAWS WITH RESPECT TO THE PREMISES; OR
(VII) ARISING OUT OF ANY BREACH OF ANY OF THE REPRESENTATIONS AND COVENANTS
CONTAINED HEREIN RELATING TO HAZARDOUS SUBSTANCES AND ENVIRONMENTAL LAWS
(COLLECTIVELY THE "INDEMNIFIED LOSS").
BORROWER SHALL BEAR, PAY AND DISCHARGE
SUCH INDEMNIFIED LOSS AS AND WHEN THE SAME BECOMES DUE AND PAYABLE.
8.5
RUN WITH LAND.
THESE COVENANTS,
REPRESENTATIONS, WARRANTIES AND INDEMNITIES SHALL BE DEEMED CONTINUING
COVENANTS, REPRESENTATIONS, WARRANTIES AND INDEMNITIES RUNNING WITH THE LAND FOR
THE BENEFIT OF THE LENDER, AND ANY SUCCESSORS AND ASSIGNS OF THE LENDER,
INCLUDING ANY PURCHASER AT A MORTGAGE FORECLOSURE SALE, ANY TRANSFEREE OF THE
TITLE OF THE LENDER OR ANY SUBSEQUENT PURCHASER AT A FORECLOSURE SALE, AND ANY
SUBSEQUENT OWNER OF THE PREMISES CLAIMING THROUGH OR UNDER THE TITLE OF LENDER
AND SHALL SURVIVE ANY FORECLOSURE OF THIS MORTGAGE AND ANY ACQUISITION OF TITLE
OF LENDER.
THE AMOUNT OF ALL SUCH INDEMNIFIED LOSS, DAMAGE, EXPENSE OR COST,
SHALL BEAR INTEREST THEREON AT THE DEFAULT RATE INTEREST AND SHALL BECOME SO
MUCH ADDITIONAL INDEBTEDNESS SECURED HEREBY AND SHALL BECOME IMMEDIATELY DUE AND
PAYABLE IN FULL ON DEMAND OF THE LENDER, ITS SUCCESSORS OR ASSIGNS.
THE
INDEMNIFICATION CONTAINED HEREIN SHALL BE A PERSONAL MONETARY OBLIGATION OF THE
BORROWER NOTWITHSTANDING ANY PROVISIONS OF THIS MORTGAGE TO THE
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CONTRARY THAT LIMIT OR EXCULP THE PERSONAL LIABILITY OF THE BORROWER AND/OR
REQUIRE THE LENDER TO LOOK SOLELY TO THE SECURITY OF THE PREMISES.
9.
MISCELLANEOUS
9.1
RELEASE OF MORTGAGE.
WHEN ALL INDEBTEDNESS
SECURED HEREBY HAS BEEN PAID, THIS MORTGAGE AND ALL ASSIGNMENTS HEREIN CONTAINED
SHALL BE VOID AND THIS MORTGAGE SHALL BE RELEASED BY THE LENDER AT THE COST AND
EXPENSE OF THE BORROWER, OTHERWISE TO REMAIN IN FULL FORCE AND EFFECT.
9.2
CHOICE OF LAW.
NOTWITHSTANDING THE PLACE OF
EXECUTION OF THIS INSTRUMENT, THE PARTIES TO THIS INSTRUMENT HAVE CONTRACTED FOR
NORTH DAKOTA LAW TO GOVERN THIS INSTRUMENT AND IT IS CONTROLLINGLY AGREED THAT
THIS INSTRUMENT IS MADE PURSUANT TO AND SHALL BE CONSTRUED AND GOVERNED BY THE
LAWS OF THE STATE OF NORTH DAKOTA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS
OF LAW.
HOWEVER, TO THE EXTENT NECESSARY FOR LENDER TO PURSUE REMEDIES, SOUTH
DAKOTA LAW SHALL GOVERN AND APPLY.
9.3
SUCCESSORS AND ASSIGNS.
THIS MORTGAGE AND
EACH AND EVERY COVENANT, AGREEMENT AND OTHER PROVISION HEREOF SHALL BE BINDING
UPON THE BORROWER AND ITS SUCCESSOR AND ASSIGNS INCLUDING WITHOUT LIMITATION
EACH AND EVERY FROM TIME TO TIME THE OWNER OF THE PREMISES OR ANY OTHER PERSON
HAVING AN INTEREST THEREIN, SHALL RAN WITH THE LAND AND SHALL INURE TO THE
BENEFIT OF THE LENDER