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201210885
<br /> 11- ENVIRONMEN'I"AL LAWS E1N9) IIAZARIDOUS SiJBS1'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 /> ]aws, regulations, ordinances, court orders, attorney general opinions or interpretive letters conceming the
<br /> public health, safety,welfare,environment or a hazardous substance; and(2)Hazardous Substance means any
<br /> toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which
<br /> render the substance dangerous or potentially dangerous to che 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 rcpresents,wazrants and agrees that:
<br /> A.Exccpt as previously disclosed and aclrnowledged 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,aze,and shall remain in full compliance with any applicable Environmental Law.
<br /> C.Trustor shal]immediately notify Beneficiary if a release or threatened release of a Hazudous 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 I.aw.
<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 Environmental Law.
<br /> 12. ESCROW FOi2'd'AXI;S AND INSiJRANCE. 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_ 30INT ANd3 INi)IVID67AI.LIABdLITY; CO-SIGNERS; SUCCE550RS f1ND ASSIGNS BOiJND. All
<br /> duties under this Security InsCrument aze joint and individual. If Trustor signs this Security Instrument but
<br /> does not sien 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 Securiry 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 parry 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 Securiry Instrument shall bind and benefit the successors and assia s of Trustor
<br /> and Beneficiary.
<br /> 14. SEVERABdLITY; IN1`ERPRETATION. This Sccurity 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 agrcement. If any
<br /> section of this Security Instrument cannot be enforced according to i[s terms, that section will be severed and
<br /> will not affect the enforceability of the remainder of this Securiry Instrument. Whenever used, the singular
<br /> shall include the plural and the plural the singulaz. 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 Securiry Instrument.
<br /> 15. SUCCF,SSOR'I`RUSTEE.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 conferred upon Trustee by
<br /> this Security Instrument and applicable law.
<br /> 16. NO'E'YCE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by
<br /> first class mail to thc appropriate par[y's address on page 1 of this Securiry 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. WAdVEI2S. Except to the extent prohibited by law, Trustor waives all appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> 18. I.I1�TE OF CdZEDIT.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�Oper:-End-Consumer-NE OCP-PEDT-NE 72/2�11
<br /> VMP@ Bankers Sys[emsTM� VM?-C465(NE; �7'.D71.00
<br /> Woliars Kluwer Finanolal Servlces�1994,2011 Page 5 of 6
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