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201207469
<br /> If there is a default, Trustee shall, in addition to any other permitted remedy, at Lhe request of the
<br /> Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction 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. Trustee shall give notice of sale including thc time, terms and place of sale
<br /> and a description of the property to be sold as required by the applicaUle law in effect at the 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 Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and
<br /> costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior
<br /> encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if
<br /> any, to Trustor. Beneficiary may purchase the Properry. The recitals in any deed of conveyance shall be
<br /> prima facie evidence of the facts sec 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 in
<br /> payment or partial paymenL on the Secured Debt after the balance is due or is accelerated or aPter foreclosure
<br /> proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete cure of any
<br /> existing default. Sy not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiazy's
<br /> right to later consider the evenC a default if it continues or happens again.
<br /> iS. EXP�NS�S; ADVANCES ON COVENAN7CS; ATI'O�2NEYS' &'EES; COI�LECS'ION COS'I'S. Except
<br /> when prohibited by law; Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant
<br /> in this Security Instrument. Trustor will also pay on demand any amount incurred by Beneficiazy for
<br /> insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's security interest.
<br /> These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in
<br /> effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by
<br /> Beneficiary in coilecting, enforcing or protecting Beneficiary's rights and remedies under this Security
<br /> Instrument_ This amount may include, but is not limited to, attorneys' fees, court coses, and other legal
<br /> expenses. This Security Instruinent shall remain in effect until released. Trustor agrees to pay for any
<br /> recordation costs of such release.
<br /> 17. ENVIktO1ViV��N'I'AI. LAi3'S �iND f1i2�OLIS SU�STANCES. As used in this section, (1)
<br /> Environmental Law means, without limitation, thc Comprehensive Environmental Response, Compensation
<br /> and Liability Act (CERCLA; 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, rcgulations,
<br /> ordinances, court orders, attorney general opinions or interpretive letters concerning the pubiic health, safety,
<br /> welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
<br /> hazardous material, waste, pollutant or contaminant which has characteristics which render the substance
<br /> dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes,
<br /> without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or
<br /> "hazardous 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 Substance is
<br /> or will bc 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 acknowledged in writing to Beneficiary, 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 ii'a release or threatcned release of a Hazardous Substance
<br /> occurs on, under or aUout the Property or there is a violaLion oP any Environmental Law concerning the
<br /> Property. In such an evenc, Trustor shall take all necessary remcdial 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 �nvironmental Law.
<br /> fl8. CONI2EiVIN?�TIOIV. 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 through condemnation, eminent
<br /> domain, or any other means. Trustor authorizes IIeneficiary to intervene in Trustor's name in any of the
<br /> above dcscriUed actions or claims. Trustor assigns to Beneficiary the proceeds of any award or claim for
<br /> damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
<br /> shall be considered payments and will be applied as provided in this Security Ynstrument. This assignment of
<br /> proceeds is subject to the terms of 'any prior mortgage, deed of trust, security agreement or other lien
<br /> document. _
<br /> Securi2y Instrumen2-Con�mer-NE VMP-C7651 EE(11�07�00
<br /> VMPe Bankers Systems
<br /> Wolters Kiuwer Financial Services R�1994,20t 1 Page 4 of 6
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