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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 highest
<br />bidder for cash and convoy: absolute title fret: had' dear of all right, title and interest of Trustor at such tune
<br />and Place as Trustee designates. 'Trustee shall give notice of sale rn. ludiug the time, terms and place of sale
<br />and a description of the .property to be sold as required by the applicable law in effect at the time of the
<br />proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, I`r.ustee shall make and deliver a deed to
<br />the Property sold which !conveys absolute title to the purchaser, aid after first paying all fees, charges and
<br />costs, shall pay to Beneficiary all moneys advanced for repairs, tax , insurance, liens, assessments and prior
<br />encumbrances and interest thereon, and the principal and interest otif Secured Debt, paying the surplus, if
<br />any, to Trustor. Beneficiary may purchase the ;Property. The reciials in any deed of conveyance shall .be
<br />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 by Beneficiary of any sure in
<br />payment or partial payment on the Secured. Debt after the balance is due or is accelerated or after foreclosure
<br />proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete cure of any
<br />existing default. !By not exercising any remedy OA Trustor's default, Beneficiary does not waive Beneficiary's
<br />right to later con der the event a default if it continues or happens again.
<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS'. FEES; COLLECTION COSTS. Except
<br />when prohibited by law,! Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant
<br />in this Security; Instrument. Trustor will also, pay on demand any amount incurred by Beneficiary for
<br />insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's security interest.
<br />These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in
<br />effect as provided iu the :. terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by
<br />Beneficiary in collecting, enforcing or protec:tipg Beneficiary's rights and remedies under this Security
<br />Instrwnent. This amount may include, but is apt limited to, attorneys' fees, court costs, and other legal
<br />expenses. This ;Security Instrument shall reKnain in effect until released. Trustor agrees to pay for any
<br />recordation costs of such :release.
<br />17. .ENVIRONMENTAL LAWS: AND I IAZ D *US SUBSTANCES. As used in this section, (1.)
<br />Environmental Law .means, without: limnitation,: the Cotuprehensive Environmental Response, Compensation -
<br />and Liability Act•(CERCLA, 42•U.S.C. 9601 etseq.),.add all other federal, state and local laws, regulations,
<br />ordinances; court orders;, attorney general opinions or interpretive I ters concerning the public health, safety,
<br />welfare, envirotunent or a• hazardous substance;' axl (2) Hazardous ubstance means any toxic, radioactive or
<br />hazardous material, waste, pollutant or coutanrinant which has elitaracteristics • 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," r, "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 tb Beneficiary, no Iazardous 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 rcc:ogni eed 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..sball hnuiediately •notify Beneficiary if a release or threatened release of 4.11azardous Substance
<br />• occurs on, .under br about the Property of there is a violation of any Environmental Law concerning • the
<br />Property. In such an event, Trustor shalt take all necessary'`remedial action in accordance with any
<br />Environmental Law.
<br />D'. Trustor shall inuuediately notify. Beneficiary in writing as soon as Trustor has reason to believe there is
<br />any pending or.'threatened investigation, :clahn, or proceeding relating • to the release or threatened
<br />release pl' any hazardous Substance or:the!violation of any Environmental Law.
<br />18: CONDEMNATION. Trustor will .give Beneficiary prompt notice of any , pending or, threatened action, by
<br />private or public entiti to purchase or take ..any or all. of the: Property through condemnation, • eminent
<br />• domain, or any other means. Trustor authoriZes Beneficiary to intervene in Trustor's name in any of the
<br />above described actions or claims: Trustor assigns to Beneficiary :: proceeds of any award or claim for
<br />damages..connected with a condemnation• or other taking of all or any part . of. the Property. Such proceeds
<br />. shall: be considered • payments and will be: applied as provided in this Security Instrument. 'Phis assignment of
<br />proceeds is subject •to.the terms of any prior; mortgage, deed of trust, security agreement or other lien
<br />document.
<br />Security tnstrument•Coneumer -NE
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<br />VMPP Bankers Systemstel .
<br />• Wolters kluwar rinencI&Services 01944 ;:2011
<br />f�.
<br />201400737
<br />RE -DT -NE 2/1/2013
<br />VMP•C166(NE) (1302).00
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