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201204019
<br />At the option of BeneIlciary, all or any part of the agreed fees and charges, accrued interest and principal
<br />shall hecome immediately due and payable, alter Diving notice if required by law, upon the occurrence of
<br />a default or anytime thereafter. In addition, Beneficiary shalt be entitled to all the remedies provided by
<br />law, the terms of the Secured Dcbt, this Security Instrument and any related documents, including
<br />without limitation, the power to sell the Property_
<br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the re.gUest of the'.
<br />Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the
<br />highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at
<br />such time and place as Trustee designates. Trustee shall give notice of sale including the tune, terms and
<br />place of sale and a description of the property to be sold as required by the applicable law in effect at the
<br />time of -the proposed sale.
<br />Upon sale of the property and to the extent not prohibited by Saw, Trustee shall make and deliver a deed
<br />to thc Prop,-rty sold which conveys absolute title. €-o the purchaser, and after firs3 paying all fees, charges
<br />artd costs, shall pay to Beneficiary all ntoiteys advanced for repairs, taxes, insurance, liens, assessments
<br />and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying
<br />the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of
<br />conveyance shall be prima facie evidence of the facts set forth therein.
<br />Al l remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all rcmcdics
<br />provided at law or equity, whether or not expressly set forth. 'floc acccptancc by .Beneficiary of any sura
<br />ill payment or partial payment on the Secutc-d Debt after the balance is due or is accelerated or after
<br />foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete
<br />cure of any existing default By not exercising any remedy oil Trustor' s default, Beneficiary does not
<br />waive Beneficiary's right to later consider the event a default if it continues or happens af�,ain.
<br />16. EXPENSE; S; ADVANCLS ON COVENANTS; ATTORNEYS' TEES; COLLECTION COSTS.
<br />Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches
<br />any covenant in this Security Instrtunent_ Trustor will also pay on demand any amount incurred by
<br />Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary' s
<br />security interest. These expenses will bear interest from the. date of the payment until pail[ in full at the
<br />highest interest rate in effect as provided in the terms of the Secrtred Debi- Trustor agrees to pay all costs
<br />turd expenses ineurred by Beneficiary in collecting, enforcing or, protecting, Berneficiary's rights and
<br />remedies under this Security Instrument. This amount may include, but is not limited to, attorneys fees,
<br />court costs, and other legal expenses_ This Security Instrument shall remain in effect until released.
<br />Trustor agrees to pay for any recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1}
<br />Environmental Law means, withOUL limitation, the Compreltcresive Errvirorrnrcntal Response,
<br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq. ), and all other federal, state and
<br />local laws, regulations, ordinances, Court orders, attorney general opinions or interpretive letters
<br />concerning, the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
<br />Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
<br />characteristics which render the substance dangerous Or potentially dantyerous to the public: health, safety,
<br />welfare or environment. The term includes, without limitation, any substances defined as "hazardous
<br />material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental
<br />Law.
<br />Trustor represents, .warrants and agrees that
<br />A_ Except as previously disclosed and acknowledged in writing to Beneficiary, no hazardous
<br />Substance is or will be located, stored or released on or in the Property. This restriction does neat
<br />apply to small quantities of Hazardous Substances that are generally recognized to be. appropriate
<br />for the normal use and maintenance ofthe Property.
<br />11. F.xcepl. as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every,
<br />tenant 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 71a7ardous
<br />Substance occurs on, under or about the Property or there is a violation of arty )environmental Law
<br />concerning the Property. In such an event, Trustor shall take all necessary remedial action in
<br />accordance with any Environmental Law.
<br />D. Trustor- shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe
<br />there is aliv pending or thrcatenccl irrvcsti,,ation, claim, or piocceding relating to the release or
<br />threatened release of any Hazardous Substance or the violation of any Environmental Law.
<br />Security G-- NE
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<br />VIJalt rs KEu Fin nL 1 Se ;i � 1 994, 2011
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