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<br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal
<br /> shall become immediately due and payable, after giving notice if required by law, upon the occurrence of
<br /> a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by
<br /> law, the terms of the Secured Debt, this Security Instrument and any related documents, including
<br /> without limitation, the power to sell the Property.
<br /> If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the
<br /> Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the
<br /> highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at
<br /> such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and
<br /> place of sale and a description of the property to be sold as required by the applicable law in effect at the
<br /> 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
<br /> to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges
<br /> and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments
<br /> and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying
<br /> the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of
<br /> conveyance shall be prima facie evidence of the facts set forth therein.
<br /> All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies
<br /> provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum
<br /> in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after
<br /> foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete
<br /> cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not
<br /> waive Beneficiary's right to later consider the event a default if it continues or happens again.
<br /> 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS.
<br /> Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches
<br /> any covenant in this Security Instrument. Trustor will also pay on demand any amount incurred by
<br /> Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's
<br /> security interest. These expenses will bear interest from the date of the payment until paid in full at the
<br /> highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs
<br /> 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, attorneys' fees,
<br /> court costs, and other legal expenses. This Security Instrument shall remain in effect until released.
<br /> Trustor agrees to pay for any recordation costs of such release.
<br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br /> 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
<br /> local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters
<br /> concerning the public health, safety, welfare, environment or a hazardous substance; and(2)Hazardous
<br /> Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
<br /> characteristics which render the substance dangerous or potentially dangerous to the public health, safety,
<br /> welfare or environment. The term includes, without limitation, any substances defined as"hazardous
<br /> material," "toxic substances," "hazardous waste" or"hazardous substance" under any Environmental
<br /> Law.
<br /> Trustor represents, warrants and agrees that:
<br /> A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous
<br /> Substance is or will be located, stored or released on or in the Property. This restriction does not
<br /> apply to small quantities of Hazardous Substances that are generally recognized to be appropriate
<br /> for the normal use and maintenance of the Property.
<br /> B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every
<br /> tenant 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
<br /> Substance occurs on, under or about the Property or there is a violation of any Environmental Law
<br /> concerning the Property. In such an event, Trustor shall take all necessary remedial action in
<br /> accordance with any Environmental Law.
<br /> D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe
<br /> there is any pending or threatened investigation, claim, or proceeding relating to the release or
<br /> threatened release of any Hazardous Substance or the violation of any Environmental Law.
<br /> 563253
<br /> Security instrument-Consumer-NE RE-DT-NF 7/ 12011
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