} �� �
<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 />
|