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20120G44�
<br />If there is a default, Ttvstee shall, in addition to any other perntitted remedy, at the request of the
<br />Beneficiary, advertise and sell the Property as a whole or in separate pazcels at public auc�ion to the highest
<br />bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at such time
<br />and place as Trustee designates. TrusCee shall give notice of sale incIuding rhe time, terms and place of sale
<br />and a description of the property to be sold as required by the applicable law in effect at tb.e time of the
<br />proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to
<br />the Propezty sold which conveys absolute tide to the purchaser, and afcer first paying all fees, charges and
<br />costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and priar
<br />eneumbrances and interest thereon, and the principal and interesC on the Secvred Debt, paying the surplus, if
<br />any, to Trustor. Beneficiary may purchase the Property. Tlte recitals in any deed of conveyance sha11 he
<br />prima facie evidence of the facts set forth therexn.
<br />All remedies are disiinct, cumufadve and nat exclusive, and the Bene�ciary is entitled to all remedies
<br />provideci at law or equity, whether or not expressly set forth, The acceptance by Bene�ciary of any snm in
<br />payment or partial payment on the Secured Debt after tlie ba[ance is due or is accelerated or af�ter foreclosure
<br />proceedings aze filed shall not constiEute a waiver of Beneficiary's right to require complete cure of any
<br />existing default. By not exercising any remedy on Trustor's default, Beneficiary� does not waive Beneficiary's
<br />right ta later cansider the event a defaulc if it continues or happens again.
<br />l.G. EXPENSES; ADVANC�S ON COVENANTS; ATTORIV�YS' FEES; COT.LECTIOI�i CO5T5. Except
<br />when prohibitec! by law, Trustor agrees to pay all of Beneficiary's expenses if Tzustor breaches any covenant
<br />in this Security Taastrvment. Tzustor will also pay on deman�! any amount incurred by Bene6ciary for
<br />insuring, inspecting, preserving oz otherwise protecting the Froperty and Beneficiary's security interest.
<br />These expenses will bear interest from the date of the payment untii paid in full at ihe highest interest rate in
<br />effect as grovided in the •tenaas of tkte Secured Debt. Trustor agrees to pay ali costs and expenses incurred by
<br />Beneficiary in coliecting, enforcimg or procecting Bene�iciary's rigk�ts and remedies under this Secucity
<br />Instrument. This amount may include, but is not limited to, attomeys' fees, caurt costs, and other legal
<br />expenses. This Security Instrt�ment shali remain in effect• until released. Tzvstor agrees to pay for any
<br />recoxdation costs of such release.
<br />17. �NVIRONMENTAL LAWS AND kIAZARDOUS SUBSTANC�S. As used in this sectian, (1)
<br />Environmental Law means, without li[nitation, the Comprehensive Envitronmencat Response, Compensatian
<br />and Liability Act (CERCT.A, 42 U.S.C. 9601 et seq.), and all othex federal, state and local laws, regulations,
<br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safeCy,
<br />weifare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has charactez�istics which render the substance
<br />dangerous or potentiaUy dangerous to the public health, safety, welfare or environment. The term includes,
<br />without limitatian, any substances defined as "hazardous material," "toacic substances," "hazardous waste" or
<br />"hazardous substance" under any Environmenta! Law.
<br />Trustor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is
<br />or will be located, stored or released on at in the Property. This restriction does not apply to small
<br />quantities of Hazarcious Substances that are generally recognized to be appropriate for the normal use
<br />and maintenance of the Properry.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant
<br />have been, are, and shatl remain in full compliance with any applicable Enviranmental Law.
<br />C. Trustor shall immediately notify Beneficiary if a zetease or threatened zelease of a Hazardous Substance
<br />occurs on, under or about the Property or tliere is a viafation of any Environmental Law concerning the
<br />Properry. In sueh azt event, Trustor shall take all necessary �remedial action i�n accordance with any
<br />Environmental Law.
<br />D. Trustor shall immediately notify Beneficiary in writing as saon as Trustor has reason to believe there is
<br />apy pending or threatened investigation, claim, or proceeding relating to the reiease or threatened
<br />release of any Hazazdous Substance or the violation of any Environmental Law.
<br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by
<br />private or public entities to purchase or take any or all of the Property thraugh condemnation, emnient
<br />domain, or any other means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the
<br />aUove described actions or elaims. Trustor assigns to Beneficiary the proceeds of any award or claim for
<br />damages connected with a condemnadon or other taking of all or aziy paxt of the Property. Such proceeds
<br />sktall be considered payments and will be applied as providecl in this Security Instrument. Tltis assignment of
<br />�roceeds .is subject to the terms of any prior inartgage, deed of trust, security agreement or other lien
<br />docutnent.
<br />Security Instrumant-Consumar-NE
<br />VMP� BanBara SystemsrM
<br />Wnitera Kluwar Flnanda{Sarvicea (911894, 2011
<br />RE•DT-NE 71112011
<br />VAAP•C1861NE1 11 t07).00
<br />Pege 4 at 6
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