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ENVIRONMENTAL INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made as of the day of May, 2017, by TRUCK SHOP, INC., <br />a Minnesota corporation (`Borrower ") and HOUSING AND REDEVELOPMENT <br />AUTHORITY IN AND FOR THE CITY OF ELK RIVER, a public body corporate and politic <br />of the State of Minnesota ( "Lender "). <br />RECITALS <br />A. Lender has agreed to lend to Borrower the sum of up to $75,000.00 (the "Loan ") <br />B. The Loan is secured by, among other things, an Mortgage and Assignment of <br />Rents and Security Agreement and Fixture Financing Statement dated even herewith (the <br />"Mortgage ") pertaining to certain land described in the Mortgage and improvements thereon <br />(collectively, the "Property") owned by Borrower and located in Sherburne County, Minnesota. <br />C. Lender has refused to make the Loan to Borrower unless this Agreement is <br />executed and delivered by Borrower. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of Lender's agreement to make the Loan to <br />Borrower, Borrower hereby warrants and represents to, and covenants and agrees with, Lender as <br />follows: <br />1. Definitions. As used in this Agreement, the following terms shall have the <br />following meanings: <br />(a) "Environmental Regulation" means a Law relating to the environment and /or to <br />human health or safety, or governing, regulating or pertaining to the generation, <br />treatment, storage, handling, transportation, use or disposal of any Hazardous <br />Substance. <br />(b) "Hazardous Substance" means any substance or material defined in or governed <br />or regulated by any Environmental Regulation as a dangerous, toxic or hazardous <br />pollutant, contaminant, chemical, waste, material or substance, and also expressly <br />includes urea - formaldehyde, polychlorinated biphenyls, dioxin, radon, lead -based <br />498528v1 JSB EL185 -51 <br />