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201208460
<br /> lY. ENVIRONMEN'I'AL d.AWS AND HAZARDOi7S SiTSSTANCE5. 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, attomey general opinions or interpretive letters conceming thc
<br /> public health, safety, welfaze, environment or a hazardous substance; and(2) Hazardous Substance means any
<br /> toxic, radioactive or hazazdous material, waste, pollutant or contaminant which has characteristics which
<br /> render the substance dangerous or potentially 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 acknowledged in writing to Beneficiary, no Hazardous 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 Hazazdous 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 iininediately notify Beneficiary if a release or threatened release of a Hazazdous Substance
<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 a11 necessary remedial action in accordance with any
<br /> Environmental Law.
<br /> D.Trustor shall iminediately 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 FOR TAX�S P,ND INSURANCE. Unless otherwise provided in a separate agreement, Trustor
<br /> will not be required to pay to Seneficiary funds for taxes and insurance in escrow.
<br /> 13. .TOINT AND YNDIVIDLJAY, LIASILITY; CO-SIGNEY2S; SUCC�SSORS ANI2 ASSIGNS SOiJNH�_ All
<br /> duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but
<br /> does not sign an evidence of debt, Trustor does so only to mortgage Trustor's interest in the Properiy 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 Beneficiary and Trustor, Trustor agrees to waive any
<br /> rights that may prevent Beneficiary from bringing any action or claim against Trustor or any parLy indebted
<br /> under the obligation. These rights may inelude, but are not limited to, any anti-deficiency or one-action laws.
<br /> The duties and benefits of this Security InstiZtinent shall bind and benefit the successors and assigns of Trustor
<br /> and Beneficiary.
<br /> �4. SEVER�I3ILITY; IN'Y'ERP�TATION. 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 conflicts with applicable law will
<br /> not be effective, unless that law expressly or impliedly permits the vaziations by written agreement. If any
<br /> section of this Security Instrument 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 the plural and the 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. SUCCE550R TRUS'Y'EE. Beneficiary, at Seneficiary'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 /> � _r.. _�, ...s.
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<br /> 16. NO'�ICE. Unless otherwise required by law, any notice sha1�Ue�gi��n by deli�e�-ing it or by mailing it by
<br /> first class mail to the appropriate p2rty's address on page%�.o.f �liis�Seauiity InsriZiment, :or to any other
<br /> address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. Trustor and
<br /> Beneficiary hereby reguest 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. WAYVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> 18. I,INE OF CREDI'E'. 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 /> Security Instrument-Open-Entl-Consumer-NE OCP-REDT-NE 7/2/207'I
<br /> VMP�Bankers SystemsTM' VMP-C465(NE) ('I'I07).00
<br /> Wolters Kluwar Financial Services�'1994,2011 Page 5 of 6
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