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<br />�" � At thc option of Beueficiary, nll or nny pnrt of the agreed fccs and cliargcs, accrucd intcrest anci principa! shall bccome -"
<br /> � immediately due and payable, after giving notice if required by law,upon the occurcence of a default or anytitne thercafter.
<br /> 1 ln additian,BeneCciary shaU be entiUcd to ull the rcmcdics providcd by law, thc Gvidcnce of DcUt, other evidences of debt, —
<br /> �� tl�is Deed of Trust und any rclated documents including without limi�ation,the power to scll the Property.
<br /> !f tliere is a dcfault,Trustce shall, in addition to any othcr permitted rerncdy,�t thc request oF the Eieneficiary, advertise nnd
<br /> `"'""' sell the Property as a whole or in separate parcels at public auction to thc higlicst bi�ideA for cash and convey absolutc tide -
<br />��'°"�' free nnd cicar of all right,titl� end interest of Tn�stor at such time and place as Trustee designates, Trustee sliall give nolicc
<br /> ,,; of snle including the time,terrns and place of saie and 1 description of the property to be sold as required by tl�c applicable
<br />°,P- law in eftect at thc time of thc proposed sale,
<br />' Upon sale of the property�nd to thc extent not prohibitcd by law, Tmstcc shall make and delivcr n deed to thc Propeny sold
<br /> •,. which conveys absolute title to the purchaser, and �fter first pnying all tees,cliarges and costs, shull pay to Heneficiary all
<br /> ,�;, , . � monoys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances aad interest thereon, and the
<br />,; . principal and interest an the Secured Debt, paying the surplus, if any. to Trustor. Beneficiary mny purchase the Property.
<br /> _ The recitals in any deed of conveyance shall be prima facic evidence of the facts set forth therein.
<br />'�- AU remedies are distinct, cumulative �nd not exclusive, and tlm Deneficiary is entitled to all remedies provided �t law or
<br /> �� ,.. • equity, wheq�er expressly set forth or not, Tlie acceptance by Heneficiary of any sum in payment or partial payment on tl�e
<br />- �'�`� Secured Debt after the Ualance is due or is accelerated or atter foreclosure proceedings are Ciled sliall not constitute a waiver
<br />: ' of Beneficiary's right to require tull and cumplcte cure of any existing dcfault. By not exercising any remedy on '['rustor's
<br />- •"�-'�' default. BeneCciary does not waivc Beneficinry's right to later considcr thc evcnt a default if it continucs or happens again.
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<br /> 18.EXPENSES;ADVANCES ON COVF.NANTS;A`1'TORNEYS' FEES;COLLECTION COSTS. Exccpt when prohibited
<br />- "�='.'' by law. Ttustor agrees to pay all of Bene�ciary's expenses if Trustor breaches any covenant in this Deed of Trust.Trustor
<br />;,.,;,_� �`� will also pay on demand all of eeneficiary's expenses incurred in collecting, insuring,preserving or proteccing the Property
<br />;•_•�- or in any inventories, audits, inspections or other ezamination by&neficiary in respect to the Property. Trusror agrees to
<br />_y: �.,.:��. pay all wsts and expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this
<br /> •• Deed of Trust, including,but not liinited to, atrorneys' fees, court costs,and other legul expenses. Once the Secured Debt is
<br />�:-� ; fully and finally paid, Beneflciury agrees to release this Ueed of Tn�st and Tmstor agrees to pay for any recordation costs.
<br />--�����':"`: All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effect, from
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<br /> time to time,as provided in ttic Evidence of Dcbt and as permitted by law.
<br /> W� ":. �",•'�� 19.ENVIRONMENTAL LAWS AND I-IAZARUOUS SUBSTANCES. As used in this section, (1) "Environmental L.aw"
<br />�s�{�Y�,Y;�� means, without limitation, thc Comprchensive Envirun�nental Response, Campensation and Liability Act ((:BRCLA, 42
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<br />-a�.sl��•_',� U.S.C.. 9601 et seq.), all other fcdcral, state a�id local laws. regulations,ordinances, wurt orders, attorney general opimons
<br />'-�:.l�s��� .�� or intc:ipretive letters concerning the public health, safety, welfare, environnient or a hazardous substance; and (2)
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<br />�""- ,;;:�; � "Hazardous Substuncc" means any toxic, radioactivc ar ha7ardous matcrial, wastc, pollutant or contaminant which hns
<br /> �;���'=° characteristics which render the substance dangerous or potentially dangerous to tl�c public henith, s�fety, welfare or
<br />��`�"•�� environment. The term includes, without limitation, any substances defined ns 'hazardous materiel," "toxic substances,"
<br /> • � -•� "hazardous waste" or "ha�ardous substance" under any Environrnental I,aw. Trustor i�cprescnts, warrants and agrees that,
<br />��n°�`� except as previously disclosed and acknowledged in writing:
<br />�,°�;�,�:�` A. No Hazardous Substance has been, is, or will bc locatcd, transported,manufacturcd, treated, reCined,or handled by
<br />=�-�:�;'• ' any petson on, un der ar about the Pro p ert y, exce pt in the ordinary course of business and in strict compliance with
<br />�"',�'" � � all applicable Environmental Law.
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<br /> Jt�?'��� B. Tmsror has not and will not cause,contribute to,or pennit the rclease of any Hazurdous Substance on the Propeny,
<br /> j;;�'"��'��`r C. Trustor will immediately notify Beneficiary if(1)a release or threatened release of Haxardous Substance occurs on, .
<br />".„t�'`, under or about the Property or migrates or thrcatcns to�nigrate from nearby property; or(2)there is a violetion o£
<br />'�'�.;• , � any Environmental Law concerning the Property.In such an event, Tcustot will take all necessary remedial action in
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<br />— accordance with Environmental Law.
<br />��bw.:.�s,� D. Tmstor has no knowledge of or reason to belicve there is any pcnding or threatcncd investigation, claim, or
<br />�'��`' procceding of any kind relating to(1)any Hazardous Substance located on, under or about the Property; or(2)any
<br /> _�?-��' violation by Trustor or any tenant of any Environmental Law. TNStor will immediatcly notity Beneficiary in writing
<br />�:,�.:•�'�' as soon as Trustor has reason to believe there is any such pending or threatened investigation, claim,or proceeding.
<br />= •"�t"�°'� In such an event,Beneficiary has the right,but not the obiigation,to participate in any such procecding including the
<br /> ' ";:� right to receive copies of any documents relating to such prceeedings.
<br /> E. Trustor�id every tenant have Uecn,are a�id shall remain in fuli compliance with any applicable Environmental Law.
<br />� F. There are no undcrground storage tanks, private dumps or opcn wells locatcd on or under Uie Property and no such
<br /> . tank,dump or wcll�vill be added unless Beueficinry first consents in writing.
<br /> �' z G. Ttustor will rcgularly inspcct thc Property, monitor thc activitics a�td operations on thc k'roperty, and confirm tl�at
<br /> ?� all permits, licenses or approvals rcquired Uy any applicablc Environmcntal Law are oUtaincd and complicd with,
<br /> . }{, Trustor will permit, or cause any tenant to permit, Benefciary or Beneficiary's agent to cnter nnd inspect the
<br /> • Properry and review all records at any reasonaUle tinte to detennine(1)the existenee, lacation uid nature of any
<br /> ' Hazardous Substanc:c on, under or aUout tlic Property; (2)the existence, location, naturc, and magnitude of any
<br /> � Hazardaus SuUstance that has Ueen relensed on, undcr or about thc Property; or (3)whedicr or not Trustor and any -
<br /> ; tenant are in compliance with applicable Environmental Law.
<br /> . : I. Upon Beneficiary's request and at any time, Trustor agrecs, at Trustor's expense, to engagc a qualified
<br /> '. environmcntal cnginecr to prepare an cnvironcnental audit of tt�c Property and to submit thc resuits of such audit to
<br /> �, ' Detteficiary. The choice of the environmental engineer who will perform such audit is subject ro BeneCciary's _
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<br /> J. BcncCiciary has thc right, but not thc oUligation, to perform any of "I'ruslor's obligations under this scctiott at
<br /> • Trusror's cxpensc.
<br /> K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Trustor will
<br /> indemnify and hold BeneCciary ;md Beneficiary's succcssors or assigns harmless from and against all losses,claims,
<br /> demawds, IiaUilities, da�nages, cleanup, response and reinediation costs,penalties and expenses, including without
<br /> ; limitation all costs of litigation and atrorneys' fees, which Benefici��ry and Henefici�vy's successors or assigns may
<br /> i sustain; vid (2) at Beneficiary's discretion, Dcncficiary may rcicasc this Dced of Trust and iu rcturn Trustor will
<br /> providc 13cneficiary with collatcral of at Icast equal valuc to the Properry sccured by this Decd of Trust without
<br /> prejudice to any of Bencficiary's rights under this Dccd of Trust. I
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