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201208944
<br /> 11. ENVIRONiO�NTAY. LAWS AND I�AZARDOUS SUSS�'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, attomey general opinions or interpretive letters conceming the
<br /> public health, safety, welfare, environment or a hazardous substance; and(2) Hazazdous Substance means any
<br /> toxic, radioactive or hazazdous material, waste, pollutant or contaminant which has chazacteristics 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 "hazazdous substance" under any Environmental Law.
<br /> Trustor represents, warrants and agrees that:
<br /> A.Except as previously disclosed and aclmowledged 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 Beneficiary, Trustor and every tenant
<br /> have been, are, and sha11 remain in full compliance with any applicable Environmental Law.
<br /> C.Trustor shall i�unediately notify Beneficiary if a release or threatened release of a Hazardous Substance
<br /> occurs on, under or about the Property or there is a violation of any Environmental Law conceming 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 Hazazdous Substance or the violation of any Environmental Law.
<br /> 12. ESCROW IFOR �'AXES AND INSURANC�. Unless otherwise provided in a sepazate agreement, Trustor
<br /> will not be required to pay to Beneficiary funds for taxes and insurance in escrow.
<br /> 13. JOINT ANID INDIVIDiTAL LdABILI'E'Y; CO-SIGNERS; SiJCCESSOI2S AND ASSYGNS BO�JND. 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 deUt, Trustor 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 Beneficiary and Trustor, Trustor agrees Co 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 Che successors and assigns of Trustar
<br /> and Beneficiary.
<br /> 14. S�VERASIY.ITY; INT�RPRETATION. 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 variations 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 oP 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. SUCCESSOdi �'RUSTE�_ 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 confened upon Trustee by
<br /> this Security Instrument and applicable law.
<br /> 16. NOTICE. 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. Notice to one trustor will be deemed to be notice to all trustors. Trustor and
<br /> Beneficiary hereby request 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. WAIVERS. Except to the extent prohibited by law, Trustor waives a11 appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> 18. LYNE OF Cfl2EDI'I'. The 3ecured Debt includes a revolving line of credit. AlYhough the Secured Debt may
<br /> be reduced to a zero balance, this Security Instrument will remain in ePfect until released.
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<br /> SecuriTy Instrument-Open-End-Consumer-NE (`� OCP-REDT-NE 7/2/20"i t
<br /> VMP�9ankers Systems^^ VMP-C465(NE) ('I 107).00
<br /> Wolters Kluwer Financial Services m'1994,2011 Page 5 of 6
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