201206675
<br /> 11. FNVIY20NNdENTAL L,AWS ANI� gYAZAIZI�OUS SiJ�3S'Y'ANCES. As used in this section,
<br /> (1) 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 local
<br /> laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the
<br /> public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any
<br /> toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which
<br /> render the substance dangerous or potcntially dangerous to the public health, safety, welfare or environment.
<br /> The term includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
<br /> "hazardous waste" or "hazardous substance" under any Environmental Law.
<br /> Trustor represents, warrants and agrees that:
<br /> A.Except as previously disclosed and aclrnowledged in writing to Beneficiary, no Hazazdous Substance is
<br /> or will be located, stored or released on or in the Property. This restriction does not apply to small
<br /> quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use
<br /> and maintenance of the Property_
<br /> B. Except as previously disclosed and aclmowledged in writing to Bcneficiary, Trustor and every tenant
<br /> 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 Hazardous Substancc
<br /> occurs on, under or about the Property or there is a violation of any Environmental Law concerning the
<br /> Property. In such an event, Trustor shall take all necessary remedial action in accordance with any
<br /> Environmental Law.
<br /> D.Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is
<br /> any pending or threatened investigation, claim, or proceeding relating to the release or threatened
<br /> release of any Hazardous Substance or the violation of any Environmental Law.
<br /> 12. �SCROW %+'O1Z TAXk;S AND INSUKANCI:. Unless otherwise provided in a separate agreement, Trustor
<br /> will not be required to pay to Beneficiary funds for taxes and insurance in escrow.
<br /> 13. .FOIN'Y' AND INDIVIDUAL LIABI�,IB'Y; CO-SIGNEI2S; SUCCESSORS ANI3 ASSIGNS I30L7ND_ All
<br /> duties under this Security Instrument aze joint and individual. If Trustor signs this Security Instrument but
<br /> does not sign an evidence of debt, Trustar does so only to mortgage Trustor's interest in the Property to
<br /> secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If
<br /> this Security instrument secures a guaranty between Seneficiary and Trustor, Trustor agrees to waive any
<br /> rights that may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted
<br /> under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws.
<br /> The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor
<br /> and Beneficiary.
<br /> 14. SEVERABII,I'I'Y; IN'TERPR��'ATION. This Security Instrument is complete and fully integrated. This
<br /> Security Instrument may not be amended or modified by oral agreement. Any section in this Security
<br /> Instrument, attachments, or any agreement related to the Secured Debt that confliets with applicable law will
<br /> not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any
<br /> seclion of this Security Instrumcnt cannot be enforced according to its terms, that section will be severed and
<br /> will not affect the enforceability of the remainder of this Security instrument. Whenever used, the singular
<br /> shall include [he plural and thc plural the singular. The captions and headings of the sections of this Security
<br /> Instrument are for convenience only and are not to be used to interpret or define the terms of this Security
<br /> Instrument. Time is of the essence in this Security Instrument.
<br /> 15. SiJCCESSOR '1'RUSTg;E_ Beneficiary, at Beneficiary's option, may from time to time remove Trustee and
<br /> appoint a successor trustee without any other formality than the designation in writing. The successor trustee,
<br /> without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by
<br /> this Security Instrument and applicable law.
<br /> 16. NO"i'IC�. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by
<br /> first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other
<br /> address designated in writing. Noticc to one trustor will be deemed to be notice to all trustors. Trustor and
<br /> Beneficiary hereby requcst a copy of any notice of default, and a copy of any notice of sale thereunder, be
<br /> mailed to each party at the address for such party set forth on page 1 of this Security Instrument.
<br /> 17. WAIV�YZS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> Y8. d.INE OF CY2EDIT_ The Secured Debt includes a revolving line of credit. Although the Secured Debt may
<br /> be reduced to a zero balance, this Security Instrument will remain in effect until released.
<br /> �,�.`TJ 7"�_ �
<br /> Securiry Instrument-Open-End-Consumer-NE OCP-REDT-NE 7/2/209'I
<br /> VMPOO Bankers Systems�M VMP-C465�NE) (1107).00
<br /> Wolters Kluwer Financial Services��994,201 7 Page 5 of 6
<br />
|