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<br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall
<br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or
<br />anytime thereafter.
<br />If there is a default, Trustee shall, at the request of Beneficiary, advertise and sell the Property as a whole or in
<br />separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all
<br />right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale
<br />including the time, terms and place of sale and a description of the property to be sold as required by the
<br />applicable law in effect at the time of the proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the
<br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs,
<br />shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior
<br />encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if
<br />any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be prima
<br />facie evidence of the facts set forth therein.
<br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance
<br />is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's
<br />right to require complete cure of any existing default. By not exercising any remedy on Trustor's default,
<br />Beneficiary does not waive Beneficiary's right to later consider the event a default if it happens again.
<br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor
<br />breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in
<br />performing such covenants or protecting its security interest in the Property. Such expenses include, but are not
<br />limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Beneficiary's
<br />security interest. These expenses are payable on demand and will bear interest from the date of payment until
<br />paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. Trustor agrees to
<br />pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and
<br />remedies under this Security Instrument. This amount may include, but is not limited to, Trustee's fees, court
<br />costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Trustor agrees
<br />to pay the reasonable attorneys' fees Beneficiary incurs to collect the Secured Debt as awarded by any court
<br />exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released.
<br />Trustor agrees to pay for any recordation costs of such release.
<br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA, 42 U.S.C. 9601 et seq .), and all other federal, state and local laws, regulations, ordinances, court
<br />orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare,
<br />environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous
<br />material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or
<br />potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation,
<br />any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous
<br />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 />Security Instrument-Open-End-Consumer-NE VMPC465(NE) (1107).00
<br />VMP ®Bankers Systems TM OCP- REDT -NE 7/1/2011
<br />Wolters Kluwer Financial Services ® 1994, 2011 Page 5 of 8
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