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201209882
<br /> 11. ENVYRONMENTAF. LAWS AND HAZARDOUS SUBSTANC�S. As used in this section,
<br /> (1) Environmen[al 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]ocal
<br /> laws, regulations, ordinances, court orders, attomey general opinions or interpretive letters conceming the
<br /> public health, safety,welfare,environment or a hazazdous substance;and(2)Hazazdous Substance means any
<br /> toxic, radioactive or hazazdous material, was[e, pollutant 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 "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 Properiy. This restriction does not apply to small
<br /> quantities of Hazardous Substances that aze 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 if a release or threatened release oP a Hazardous Substance
<br /> occurs on,under or about the Property or there is a violation of any Environmental Law concerning'the
<br /> Properry. 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 FOR TAXES AND iNSURANCE. linless 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. dOINT AND iNDIVIDUAI,LIABILITY; CO-SIGN�RS; SUCCESSORS ANID ASSIGNS BOLTND.All
<br /> duties under this Security InsCrument 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 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 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-acuon 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. SEVEILA�dLITY; INTERI'I2ETATION. This Security Instrument is complete and fully integraced. This
<br /> Security lnstrument mav not be amended or modified by oral agreement. Any section in this Securiry
<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 Securiry 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. SUCCESSOR TIiUSTEE.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 al]the title,power and duties confened upon Trustee by
<br /> this SecuriCy Instrument and applicable law. �„ ,
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<br /> 16. NOTICE. Unless otherwise required by law, any notice s1�a�T b��tVet�by delivering it Qr by mailing it by
<br /> 6rst class mail to the appropriate par[y's address on paga�.�a�a��tkii�mSecurity Instrutnent, or to any other
<br /> address designated in writing. Notice to one trustor will be deemed to be notice to a11 frnstors. Tmstor and
<br /> Beneficiary hereby request a copy of any notice of default, and a copy oT 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 piohibited by law, Trustor waives all appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> 18. LIl�'E OF Cl2F.D1T. The Secured Debt includes a revolving line of credit. Although the Secured Debt may
<br /> be reduced to a zero balance,this Security Tnstrument will remain in effect unYil released.
<br /> ��
<br /> Securiry Instrument-Open-End-Consumer-NE CP-RE -NE 7/2/2011
<br /> VMP�6ankers Systems�"� VMP-C4651 (i 107).00
<br /> Wolters Kluwer Financial Services�1994,2011 Page 5 of 6
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