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<br />20120055'7
<br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCE5. 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 concerning the
<br />public health, safety, welfaze, environment or a hazardous substance; and (2) Hazardous Substance means any
<br />toxic, radioactive dr 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" ar "hazardous substance" under any Environmental Law.
<br />Trustor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acl�owledged in writing to Beneficiary, no Hazazdous 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 5ubstances that aze generally recognized to be appropriate for the normal use
<br />and maintenance of the Progerty.
<br />B. Except as previously disclosed and aclmowledged in writing to Beneficiary, Trustor and every •tenant
<br />have been, aze, and shall remain in full compliance with any appticable Environniental Law.
<br />C. Trustor shall 'immediately notify Beneficiary if a release or threatened release of a Hazazdous 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 sha11 take all necessary remedial action in accordance with any
<br />Environmental Law.
<br />D. Trustor shall iuimediately 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 T�S AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor
<br />will not be requireci to pay to Beneficiary funds for ta�ces and insurance in escrow.
<br />13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All
<br />duties under this Security Instrument aze joint and individual. If Trustor signs this Security Instrument but
<br />does not sign an e:�idence 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 Instrusnent secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any
<br />rights that may preR�ent Beneficiary from bringing any action or claim against Trustor or any party indebted
<br />under the obligation: These rights may include, but aze not limited to, any anti-deficiency or one-actiott laws.
<br />The duties and beneP'its of this Security Instnunent shall bind and benefit the successors and assigns of Trustor
<br />and Beneficiary. �
<br />14. SEVER�IBII,ITY; INTERPRETATIQN. This Security Instrument is complete and fully 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 Seeurity 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 singulaz. The captions and headings of the sections of this Security
<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. SUCCESSOR TRUSTEE. 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 in writing. The successor trustee,
<br />without conveyance of the Property, shall succeed to a11 the title, power and duties confened upon Trustee by
<br />this Security Instrunlent and applicable law.
<br />16. NOTICE. Unless otherwise required by law, any notice sha11 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 'an writing. Notice to one trustor will be deemed to be notice to all trustors. Trustor and
<br />Beneficiary hereby rzquest a copy of any notice of default, and a copy of any notice of sale thereunder, be
<br />mailed to each part}° 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 Secured 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 Instrument-Open-End-Conaumer-NE OCP-REDT-NE 7/2/2011
<br />VMP� Bankers SystemsT VMP-C4851NE) (1107).00
<br />Woltars Kluwer Financial Services O" 984, 2011 Paga 6 of 8
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