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201310030 <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. Tntstor 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 <br /> ,y I, 14 <br />