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201209560 <br /> 11. ENVIRONMENTAL LAWS AND IIAZARDOUS SUBSTAI\CES. 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.j, 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(?)Hazazdous Substance means any <br /> toxic, radioactive or hazardous material, waste, poliutant or contaminant which has chazacteristics which <br /> render the substance dangerous or potentially dangerous'to the public health, safety, welfaze or environment. <br /> The term includes, without limitation, any substances defined as "hazazdous rnaterial," "toxic substances," <br /> "hazazdous 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 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 Hazardous Substances that are generally recognized to be appropriate for the normal use <br /> and maintenance of the Property. <br /> B.ExcepC as previously disclosed and acimowledged in writing to Beneficiary, Trustor and every tenant <br /> have been,ue,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 Hazudous Substance <br /> occurs on,under or aboui the Property or there is a violation of any Environmental Law concerning the <br /> Property. In sueh an event, Trustor shall take all necessary remedial action in accordance with any <br /> Environmental Law. <br /> D.Trustor shall immediately notily Beneficiary in writing as soon as Trustor has reason to believe there is <br /> any pending or threatened investigation, claim, or procceding relating to the release or threatened <br /> release of any Hazardous Substance or the violation of any Environmen[al Law. <br /> 12. ESCROW FOR TAXES AND INS[TKANCE. Unless otherwise provided in a separate agreement, Trustor <br /> will not be required to pay to Beneficiary funds for ta�ces and insurance in escrow. <br /> 13. dOINT AND INDIVIDUAL LIABILYTY; CO-3IGNERS; SUCCESSORS AND ASSIGNS BOLTND. All <br /> duties under this Securiry Instrumcnt are joint and individual. If Trustor signs this Security Instrument but <br /> does not sign an evidence of debt, 7'rustor does so only to mortgagc Trustor's interest in the Property to <br /> secure payment of the 5ecured Debt and Trustor does not agree to bc 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 Bcneficiary 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. SEVERASILITY;,INTF,RPRETATYON. This Securiry Instrument is complete and fu11y integrated. This <br /> Security Tnstrument may not be amended or modified by oral agreement. Any section in this Security <br /> Instrument, attaciunents, or any agreement relatcd to the Secured Debt that conflicts with applicable law will <br /> not be effective, unless that law expressly or impliedly pernvts 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 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 aze for convenience only and are not to be used xo interpret or define the terms of this Security <br /> Instrument Time is of the essence in this Security Instrument. <br /> �5. STJCCESSOR TRtiSTEE. Bencficiary�at Beneficiary's option, may from time to time remove Trustee and <br /> appoint a successor trustee without any other formality than thc designation in writing. The successor trustee, <br /> without conveyance of the Property,shal]succeed to all the title,power and duties conferred upon Trustee by <br /> this Securiry Instrament and applicable law. u�r <br /> 16. NOTICE. Unless otherwise required by law, any notaee 'shail b�g�veqxby delivering it or by mailing it by <br /> first class mail to the appropriate party's address on page 1`of this �e�pFity Izistmment, or to any other <br /> address designated in writing. Notice to one trustor will b`e'`de'emed to�be notice to all trusYors. 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 par[y 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 all appraisement and homestead <br /> exemption rights relating to the Property. <br /> 18. LINE OF CREDIT. The Secured Debt inc]udes a revolving line of credit. Ahhough the Secured Debt may <br /> be reduced to a zero balanee,this Security Instrument will remain in effecc until released. <br /> — (.V`'f' j V`. <br /> _���_ <br /> Security Instrument-Open-End-Consumer-NE OCP-REDT-NE 7/2/2011 <br /> VMPO 8ankers SystemsTM' � VMP-C465WE7�(1�107).00 <br /> Wolters Kluwer Financlal Services�1994,2G11 �?age 5 of 6 <br />