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' 201201058
<br /> If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the
<br /> Beneficiaty, advettise aad aell the Property as a whole or in separate paccels at public auc[ioa to the higltest
<br /> bidder for cash and convey absolute titla free and clear of all right, tide and interest of Tmswr at such time
<br /> and place as Trustee designates. Trustee shafl give notice of sale including ihe time,terms and glace of sale
<br /> and a description of the property m be soid as requirad by the applicable law in et'fect at the t{me o€ihe
<br /> proposed sale.
<br /> Upon sale of the Propercy and to the extent not prohibited by iaw,Trustee shatl make and deiiver a deed ta
<br /> the Property sold which conveys absolute title to the purchaser, and'after first paying all fees,charges and
<br /> costs,shall pay to BeneSciary alt moneys advanced for repaira,taxes,insurance,liens,assessments and prior
<br /> encumbrances and intetest thereon,and the principal and interest on the Secured Debt,paying the surplus, if
<br /> any, to Trustor. Beneficiary may putchase the Property. The recitals in any deed of conveyance shati be
<br /> prima faeie evidenee of the facts set forth thecein.
<br /> All remedies aze distinct, cumuiative and not exclusive, and the Beneflciary is entitled to all remedies
<br /> provided at law or equlty, whether or not expressly set forth. The acxeptance by Beneficiary of any sum in
<br /> payment or partial paymeat on d►e Secured Debt aR�r the balattce Is due or is accelerated ot after fareclosure
<br /> proceedings are filed shall not consfltute a waiver of Beneficsary's right to requize complete cure of any
<br /> exiating default.By not exercising any remedy on Trustor's defa�.tt,Beneficiary does not waive BeneFiciary's
<br /> right to later cansider the event a ckfault if it continues or happens agaitt.
<br /> 16. EXPENSES; ADVANCFS ON COVENANTS; A1"fORNEYS' FEES; COLLECTION COSTS. Fa�capt
<br /> when pmlribited by law,Trustor agrees to pay all of Beaeficiary's expeases if Trustor breaches aay covenant
<br /> in tlils Seeuriry Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for
<br /> insuring, inspecting, preserviag or otLerwise protecting the Pmperty and Beneficiary's security interest.
<br /> These expenses w[B bear interest fmm the date of the payment until paid in full at the highesc interest rate in
<br /> effect as provided in the totms of the Secured Debt.TtusWr agrees to pay all costs and expenses'uacurtecl by
<br /> Beneficiary in co3lecting, enfoicing or protecting Beneficiary's rights and remedies under this Security
<br /> Instrumar¢. This amount may include, 6ut is not limited to, attorneys' fees, wurt coscs, and other legal
<br /> expenses. This 5eourity Instnvnent shali remain in effect un61 released. Tnrstor agrees to gay for any
<br /> recordation costs af such release.
<br /> 1'7. ENVIRONMENTe1�J. LAWS AND HA7.ARllOUS SUBSTANCE3. As used in this section, (1)
<br /> Environmentai I.aw means,without limitation, the Comprehensive finvironmonta] Response, Compensation
<br /> ancl Liabiliry Act(CERCLA,42 U.S.C.9601 et seq.),and all ather federal,state aad local laws,reguladons,
<br /> ordinances,court ordars,attorney general opinions or interpretive letters concerning the public bealth,safery,
<br /> welfare,environment or a ha�ardovs substance;and(2)Hazardous Substa¢ce means any to�c,radioactive or
<br /> hazardaus materiat, waste, pollutant or coatamivant which has cl�aracteiistics which render the substance
<br /> dangerous or potentially dangerous to the publlc health, safety,wetfare or environmem. The tecm includes,
<br /> without limiEation, any subsrances defined as"hazardous material," °to�cic substances," "haaardous waste"or
<br /> "hazanious substanre"under any finvirommental Law.
<br /> Trustor represents,warrants and agrees that:
<br /> A.Except as previous[y disclosed and acknowIedged in writing to Beneficiary,no Hazardous Substance is
<br /> or will be located> stored ox released on or in the Property. Tlais restriction does not apply to smatl
<br /> quautitxes of Hazardo�s Substances chat are generally recognized to be appropriate for the iroxmal use
<br /> and mainteaance of ihe Property. �
<br /> B.Except as previousiy disclosed and ac�owledged it►w�riting to Benefrciary, Trustor and evtry tenant
<br /> have been,are.and shall remaiu in full compliance with any applicable EnvironmeaYtal Law.
<br /> G Trustor shall immediatety notify Beneficiary if a release or threat�ned release of a Hazardous Substance
<br /> occurs on,under or about the Ptaperty or there is a violation of any finvironmental Law concerning We
<br /> Property. In such an event, Trustor shap take atl necessary remedial aotion in aeeordance with any
<br /> Environroentall,aw.
<br /> D.Trustor shal]immediat�ly notify Beneficiary in aziting as soon as Trustor has reason W believe there is
<br /> any pending or threatened investigation, claim, or proceeding reiatimg to the release or tlueatened
<br /> release of any Ha2ardous Substance or the violarion of any Environu�ecdal Iaw.
<br /> 18. CONDEMNA7'iON. Tmstor will give Beneficiary prompt notice of any pending or threatened action, by
<br /> pzivate nr pubtic entities fo purchase or take any or all of the Property through wndemnadon, etninent
<br /> domain, or any other meavs. Trustor authorizes Fleneficiary. to intervene in Trustor's name in any of the
<br /> above describeci actions or ciaims. Trustor assigns to Beneficiary the proeeeds of any award or claicn for
<br /> damages connectai with a condemnatioa or other taking of all or any part of the Property. Such ptoceeds
<br /> sY�all be considerecl paymemts and will be applied as provided in Uris Security tnstcument. T7us assignment of
<br /> proceeds is subject to the terms of any prior mortgage, deed of ttust, security agreement or other lien
<br /> document.
<br /> Beeuritylnavumeni.ConaumarNE RE-DT-NE 7/11207f
<br /> VMP�Bard:anSytteme7M . VMP-C186QJE{171071.�
<br /> W dtars Kluwer Nnsndal Sarvioea 01984,2011 � P°�4°}8
<br /> D�S ��
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