Laserfiche WebLink
201205505 <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; 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 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 <br />the highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees to pay <br />all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's <br />rights and remedies under this Security Instrument. This amount may include, but is not limited to, <br />attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect <br />until released. 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. 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) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br />contaminant which has characteristics which render the substance dangerous or potentially dangerous <br />to the public health, safety, welfare or environment. The term includes, without limitation, any <br />substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous <br />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 <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 <br />Law. <br />C. Trustor shall immediately notify Beneficiary if a release or; threatened release of a Hazardous <br />Substance occurs on, under or about the Property or there is a violation of any Environmental <br />Law concerning the Property. In such an event, Trustor shall take all necessary remedial action <br />in 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 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 />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, <br />by private or public entities to purchase or take any or all of the Property through condemnation, <br />eminent domain, or any other means. Trustor authorizes Beneficiary to intervene in Trustor's name in <br />any of the above described actions or claims. Trustor assigns to Beneficiary the proceeds of any award <br />or claim for damages connected with a condemnation or other taking of all or any part of the Property. <br />Such proceeds shall be considered payments and will be applied as provided in this Security <br />Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, <br />security agreement or other lien document. <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards <br />and risks reasonably associated with the Property due to its type and location. This insurance shall be <br />maintained in the amounts and for the periods that Beneficiary requires. What Beneficiary requires <br />pursuant to the preceding sentence can change during the term of the loan. The insurance carrier <br />providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which shall not <br />be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, <br />at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />terms of this Security Instrument. <br />(page 5 of g) <br />Q1994 Wolters Kluwer Financial Services - Bankers Systemin" Form USAAREOT-NE 6/15/2001 <br />