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201204292 <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal <br />shall become immediately due and payable, after giving notice if required by law, upon the occurrence of <br />a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by <br />law, the terms of the Secured Debt, 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 request 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 time, Lerms 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 law, Trustee shall make and deliver a deed <br />to the Property sold which conveys absolute title to the purchaser, and after first paying all fees,. charges <br />and costs, shall pay to Beneficiary all moneys 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 />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies <br />provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum <br />in payment or partial payment on the Secured 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 on Trustor's default, Beneficiary does not <br />waive Beneficiary's right Lo later consider the event a default. if it continues or happens again. <br />15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. <br />Except when prohibited by taw. Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches <br />any covenant in this Security Instrument. 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 paid in full at the <br />highest interest rate in effect as provided in the terms of the Secured Debt_ Trustor agrees to pay all costs <br />and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary'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, without limitation, the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9541 et seq.), and all other federal, state and <br />local laws, regulations. ordinances, court orders, attorney general opinions or interpretive tetters <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 dangerous 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 not <br />apply to small quantities of Hazardous Substances that are generally recognized to be appropriate <br />for the normal use and maintenance of the Property. <br />B. Except 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 Ilazardous <br />Substance occurs on, under or about the Property or there is a violation of any 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 in-unediately notify Beneficiary in writing as soon as Trustor has reason to believe <br />there is any pending or threatened investigation, claim, or proceeding relating to the release or <br />threatened release of any Hazardous Substance or the violation of any Environmental Law. <br />$ccurlty Instrument -Consumer -NE BB 1 20'1 <br />1 <br />VMP .[� Bankers Systemstnf VMFCtb5EN E1 ;1tUj <br />Walters Kluwer rinancial Services <br />(D1994 2011 Page 4 & <br />