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<br /> 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. 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, attorney general opinions or interpretive letters concerning 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 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 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 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 of a Hazardous 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 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 Hazardous Substance or the violation of any Environmental Law.
<br /> 12. ESCROW FOR TAXES AND INSURANCE. Unless 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. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. 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 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-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. SEVERABILITY; INTERPRETATION. 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 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 TRUSTEE.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. 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 all appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> 18. LINE OF CREDIT. 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 loan ument-0 pen-End-Consumer-NE OCP-REDT-NE 7/2/2011
<br /> VMP x0 Bankers Systems' VMP-C465(NEI 11107).00
<br /> Wolters Kluwer Financial Services D1994,2011 Page 5 of 6
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