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201�0943� <br />If there is a default, Trustce afiall, in addition m azry other permitted remedy, at the reguest of the <br />Beneflc{ary, advectise a� sell ihe PropErry es a whole or in separate parcels at public anctioa to the highest <br />bidder for cash and convey absolute titte free and clear of all right, dUe and lnterest of Tn�stor at such time <br />and place as Tn�stee designates. Trustee ahall give nodce of sale including the dme, tetms and place of sale <br />and a description of the pzoperty to be sold as required by the applicable law in effect at the time of the <br />pmposetl sale. <br />Upoa sale of the Property and W the extent not prohibited by law, Trustee shall make aad deliver a dexd w <br />the Property sold which conveys absolute tiAe w the purcheser. and after First paying all fees, charges and <br />costs, shalI pay to Beneficiary all moneys advanced for repaira, tax�, insurance, liens, assessments and prior <br />encumbrances and interest thereon, a� the prlacipal and interest on the Secured I?ebt, paying the surplus, if <br />any, w Trustor. Beneficiary may pucchase the Property. The recitals in any deed of conveyance ahall be <br />prima facie evidence of the facts set farth there3n. <br />All remediea aze d3sdnct, cumularive and not exclueive, and the Beneficiary is entitled ta all remedies <br />provided at law or equiry, whether or not expressly sec forth. The ac�eptance by Beaeficiary of any sum in <br />paya►ent or partial payment on the Secar� Debt after the balance is due or is accelerated or after foreclosure <br />proceedinga aze 51ed shall not c�nstiwte a waiver of Beneficiary's dght to require complete cure of any <br />existing defanit. By not exercisiag any remedy on Trnstor's default, Beneficiary dae.v not waive Beaeficiary's <br />right to later consider the event a default if it conc�ues or happens again. <br />16. EXPENS'LS; ADVANCE3 ON COVENANT3; A'PI'ORNEYS' FE�S; COLLECTION COSTS. Except <br />when prohibited by law, Trustor agrees to pay all of Benefic3ary's expenses if Trusror breaches aay covenant <br />in this Se�curity Instrument. Truator wlll also pay on demand any amount incurred by Beneflclary for <br />insuring, 3nsi�tin,�, preserving or oiherwise pmtecdng the Property and Beneflciary's aecurlty interest. <br />� These expenses will bear interest from the date of the payment ncdil pa{d in fiill at ttte highest intete.st nte in <br />effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and e�nses incurnd by <br />Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedia under this Secutiry <br />Instrument. This amount may inclnde, but is not limited to, attorneys' fees, court cosLS, attd other legal <br />expenaes. This Security Gistrument shall remein in effect nntil released. Truator agrees to pay for a� <br />recordatioa costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBS'PANCES. As used in this secdon, (1) <br />Environmental Law means, without 1'unitation, the Comprehensiva fiuvironmental Response, Compensadon <br />and Liabiliry Act (CERCT.A, 42 U.3.C. 9801 et aeq.), and all other federal, state aztd local laws, regulatioas, <br />ordinances, court orders, attorney general opinions orinterpretive letters concerning the public health, safety, <br />welfare, envuovmeat or a hazardous substance; and (2) H�andous Substance means any toxic, radioacdve or <br />ha2ardous material, waste, poIIutaut or �ntaminant which has characteristics wkuch render the substance <br />dangerous or potentially dangerous to the public heatth, safety, welfare or enviro�em. The teim fncindes, <br />without limitation, any substances defined as °hazardous material,° "toxic substances," "hazardans waste° or <br />"I10ZBI(IODB SUU8I8IlCC" under any Enviroamemal Iaw. <br />Trustor regresents, warrants and agrces that: <br />A. Except as previoualy d�sclosed and aclmowledged in writing to Beneficiary, no Hazardoua Substance is <br />or will, be located, etored or releas� on or in the Property. This restrlction does not apply to small <br />quantities of Hazardous Snbstances that aze geneially recognized to be appmpriate for the normel use <br />aud maintenance of the Property. <br />B. Except as previously disclosed and acknoaledged in writing to Benefic3ary, Trustor a� every tenant <br />have been, are, and shall remam in full compliance witt► anp applicable Environmental Iaw. <br />C. Trustor shall immediately notify Beneficiary if a release orthr�tened release of a Hazardous Suhstance <br />occurs on, nnder or about the Property or there is a violation of any Eavironmental Law conceming the <br />Prope�ty. In such an event, Tn�stor ahatl teke all ne�sary remediel action ia accordance with any <br />Environmental Law. � <br />D. TrusWr shall imm�iately notify BeneficIary in writing as soon as TrusWr haa reason to believe there is <br />any pending or thr�� investi$afion, claim, or procceding relating to the release or threatened <br />rele�ase of any Ha7ardous Snbstance or die violation of any Enviro�ental Law. <br />18. C01�IDEIHINA'TION. Tn�ator will give Beneflciary prompt �rice of any pe�ing or t6reatened action, by <br />prlvate ot publle entittes w purchase or teke any or all of the Pcoperty through eond�nation, eminent <br />doma9n, or any other means. Tn�sWr authorizea Beneficiary w intcrvene in Trustor's name in any of the <br />above described actions or claims. Trusto; assigas to Beneficiary the proceeda of any award or claim for <br />damages com►ected with a condemnation o; other taking of all or any part of the Property. Such pt�s <br />shall be eonsidered payments ami wilI be applied as pmvid� in this Security Instrument. This asaignment of <br />procea3s is subjea to the tern�.v of any prior mortgage, deed of trust, security agrcement or other lien <br />document. <br />BamuHY MaaumotK-Cmre�nnm-NE <br />VAAP� 8ankas BY�m <br />won� � ��m+o�eaw�a c�esa. zoi � <br />flE•OT-NE 7J4/2011 <br />VAlP�C188WE) 11 f 071.00 <br />PeBe 4 W 8 <br />. � <br />