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} �� � <br />�ba -� �oi�oo4s4 <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, <br />(1) Environmental Law means, without limitation, the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local <br />laws, regulations, ordinances, court orders, attomey general opinions or interpretive letters conceming the <br />public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any <br />toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which <br />render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. <br />The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Environmental Law. <br />Trustor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is <br />or will be located, stored or released on or in the Property. This restriction does not apply to small <br />quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use <br />and maintenance of the Property. <br />$.. Except, as. previously disclosed :at}�1 acknowled,ged in_..writing ia Beneficiary, Trustar ar�d every tenant <br />have been, are, and shall remain in full compliance with any applicable Environmental Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance <br />occurs on, under or about the Property or there is a violation of any Environmental I,aw concerning the <br />Property. In such an event, Trustor shall take all necessary remedial action in accordance with any <br />Environmental Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is <br />any pending or threatened investigation, claim, or proceeding relating to the release or threatened <br />release of any Hazardous Substance or the violation of any Environmental Law. <br />12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor <br />will not be required to pay to Beneficiary funds for taxes and insurance in escrow. <br />13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNER5; SUCCESSORS AND ASSIGNS BOUND. All <br />duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but <br />does not sign an evidence of debt, Trustor does so only to mortgage Trustor's interest in the Property to <br />secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If <br />this Security Instrument secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any <br />rights that may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted <br />under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. <br />The duties and benefits of this Security Instnunent shall bind and benefit the successors and assigns of Trustor <br />and Beneficiary. <br />14. SEVERABI�.I'd'Y; iNTE�iPItETATION. This Security° Instrument is �,om�e,te and` fully4; integrated. `This <br />Security Instrument may not be amended or modified by oral agreement. Any section in this Security <br />Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will <br />not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any <br />section of this Security Instrument cannot be enforced according to its terms, that section will be severed and <br />will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular <br />shall include the plural and the plural the singular. The captions and headings of the sections of this 5ecurity <br />Instrument are for convenience only and are not to be used to interpret or define the terms of this Security <br />Instrument. Time is of the essence in this Security Instrument. <br />15. SUCC•ESSOR TRUS1'EE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and <br />appoint a successor trustee without any other formality than the designation ' riting. The successor trustee, <br />without conveyance of the Property, shall suc�d"�„ ,, „�,t� y�;,;�p�p�c,���u� dut s conferred upon Trustee by <br />this Security Instrument and applicable law. ys ����,, ��.�'�t��59. L <br />�, ...,, <br />� �,� �� y n ,�� �r:�J �Nl � .,� <br />16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by <br />first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other <br />address designated in writing: Notice to one trustor will be deemed to be notice to all trustors. Trustor and <br />Beneficiary hereby request a copy of any notice of default, and a copy of any notice of sale thereunder, be <br />mailed to each party at the address for such party set forth on page 1 of this Security Instrument. <br />17. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead <br />exemption rights relating to the Property. <br />18. LINE OF CREDIT. The 5ecured Debt includes a revolving line of credit. Although the Secured Debt may <br />be reduced to a zero balance, this Security Instrument will remain in effect until released. <br />Security Inatrument-Open-End-Consumer-NE OCP-REDT-NE 7/2/2011 <br />VMPOBenkeraSystemaTM VMP-C4861NE) (11071.00 <br />Wolters Kluwer Finenclal Sarvices 01994, 2071 Page 6 of 8 <br />