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©1994 Wolters Kluwer Financial Services - Bankers Systems Form USBOCP -DT -NE 5/14/2012
<br />201306973
<br />provided by law if Trustor is in default. In some instances, federal and state law will require Beneficiary to
<br />provide Trustor with notice of the right to cure, or other notices and may establish time schedules for
<br />foreclosure actions. Each Trustor requests a copy of any notice of default and any notice of sale thereunder be
<br />mailed to each Trustor at the address provided in Section 1 above.
<br />At the option of the 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 a
<br />default or anytime thereafter.
<br />If there is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Property as a whole
<br />or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear
<br />of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice
<br />of sale including the time, terms and place of sale and a description of the property to be sold as required by
<br />the 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
<br />the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and
<br />costs, 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
<br />prima 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
<br />balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of
<br />Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on
<br />Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it
<br />happens again.
<br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If
<br />Trustor breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary
<br />incurs in performing such covenants or protecting its security interest in the Property. Such expenses include,
<br />but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and
<br />Beneficiary's security interest. These expenses are payable on demand and will bear interest from the date of
<br />payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt.
<br />Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting
<br />Beneficiary's rights and remedies under this Security Instrument. This amount may include, but is not limited
<br />to, Trustee's fees, court costs, and other legal expenses. To the extent permitted by the United States
<br />Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the
<br />Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security
<br />Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of such
<br />release.
<br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation
<br />and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations,
<br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety,
<br />welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has characteristics which render the substance
<br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes,
<br />without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or
<br />"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 />(page 5 of 7)
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