201401054
<br /> 1�. S3�IVIROiVC1�1E1VTAL LAWS AND HAZARDOi1S S[7BSTANCES. As used in this section,
<br /> (1) Environmencak L.aw means, without iimitation, the Comprehansive Environmental Response,
<br /> Compe�sation and Liability Act (CERCLA, 42 U.S.C. 9G01 at seqJ, and alE other federal, state and local
<br /> laws, regulations, ordina�►ces, court orders, attorney general opinions or interpretive letters conceming the
<br /> public heaith,safety,welfare,environment or a hazardous subsEance;and(2)Hazarclous 5ubstance means any
<br /> taxic, radioactive vr hazardous material, waste, pollutant or wntaminant which has characteristics which
<br /> render the substance dangerous or potenEia!!y dangerous to tha pablic heatth,safety, welfare ar environmant.
<br /> The term indudes, without limitation, any substances defined as "hazardous material," "toxic substances,"
<br /> "hazardous waste"or"hazardous substance"under any Environmental Law.
<br /> Trustor represents,warrants and agrees that:
<br /> A.Sxcegt as previously disclosed and acKnowladged in wriFing to Bene�ciary,no Hazardous Snbs�ance is
<br /> or wil] be located, stared or released on or in the Property. This restriction does not apply to small
<br /> quantities of Hazardous 5u6stances that are generally recognized to be appropriaEe far the norma]use
<br /> and maintenance af ihe ProperEy.
<br /> B.Except as pre�iously disclosed and acknowEedged in writing to Bana�ciary, Trustoe and er+ery tenant
<br /> have been,are,and shatl re�nain in fult compiiance witi�any applicable Environmental Law.
<br /> C.Trusror shall immediately notefy Beneficiary if a release or threatened release af a Hazardous Substance
<br /> occurs on,under or about the Pmperty or there is a violation of any Enviranmental�.aw concerning the
<br /> Property. In such an evcnt, Trustor shall Ealce all necessary remedial action in accordance with any
<br /> EnvironmentaE Law.
<br /> D.Trustor shall immediately notify Bene�ciary in writing as soon as TrusEor has reason to believe there is
<br /> any pending ar threatened investigatiort, elaim, or proceeding reladng to the release or threatened
<br /> release of any Hazardous Substanca or the violation of any Environmenta]Eaw.
<br /> 1Z. ESCROW FOIt TAXLS AIV�TNSC71tANCE. Unlass otiEsrwise pror+ided in a sepazate agreement, Trastar
<br /> will not be required to pay to Seneficiary funds for taxes and insurance in escrow.
<br /> 13. JOII�fT APID INDIVIDUAL LIAB[LITY; CQ-SIGf!'ERS; SUCCESSORS AND ASSIGNS BOUIVD. All
<br /> duiies under this Security Instrument are}oint and individual, if Trustor signs this Security InstrumenE but
<br /> does not sign an evidence vf debt, Trustor does so only to mortgage Trustor's intarest in the Property to
<br /> secure payment of the Secured DebE and'I'rustor daes not agree to be personally 1ia61e on the Secured Debt.Tf
<br /> this Security tnsErumenE secures a gaaranty between Beneficiary and Trustor, Trustor agrees to waive any
<br /> rights that may pre�ent Beneficiary from bringing any action or claim a$ainst Trustor or any party indebied
<br /> undcr the obligation.These rights may iaclude,but aze not limited ta,any anti�eficiency or one-action laws.
<br /> TEie duties and bene�ts of this Secarity Instrument shalE bind and bene�t rhe successors and assigns of Trustor
<br /> and Beneficiary.
<br /> 14. SEVERASILIT'Y; [rtTERP12ETATION. This Security Instrament is complete and fu31y integrated. This
<br /> Secarity Instr�ment may aot be amended or modified by oral agreement. Any section in this Securiry
<br /> Instrument, attachments,or any agreement related to the 5ecured Debt that wnflicts with app]icable law will
<br /> noi be effective, unless that law ezpressly or impliedly permits the vaziations by written agreement. If any
<br /> secdon of this Security Instrument cannot be snt'oeced according Eo its terms,fhat section will be severed and
<br /> wil] not a€fect the enforceab3lity of the remainder of this Security Instrument. Whenaver used, the singufar
<br /> shall include the plueal and the pluraf the singular.T'he captions and headings of tk►a sections of Fhis Security
<br /> InstruEnent are for convenience only and are not Eo be used to intcrpret or defne the terms of this Securety
<br /> Instrument.Tirne is af the essence in this Security Instrument.
<br /> 15. S�JCCESSOR TRUSTEE.BeneGciaey, at Beneficiary's option, rnay fram time to tima remove Trustee and
<br /> appoint a successor trustee without any other formaEiEy[�i�„�hy.��sjgp�tiop,�riEing,_The saccessor trustee,
<br /> without con�eyance of rhe Property,shall succeed to akl,the titfe;-powe�'and duties conferred upon Trustee by
<br /> this Sec�rity Instrument and applicable law. �^•�•'' ,
<br /> 3,.."".�:...':.�........4..._.a__._._.� . ,
<br /> 16. iVOTICE. Unless otherwise required by 1aw, any notice shalE be given by delivering it or by mailing it by
<br /> First class mai[ to the appropriate party's address on page 1 of this Security Instrument, or to any other
<br /> address designatecE in writing. Niotice to one Erustor wit!ba deemed to 3�e notice to a!1 irustors. Trustor and
<br /> Beneficiary hereby request a copy of any notice of default, and a cvpy of any notice af sale thereunder, be
<br /> mailed to each party at the address for such parry set forth on page 1 of this Security Instrument.
<br /> 17. WAIV�CtS. Except to the extent prohibited by law, 'I'rustor waives a11 appraisement and homestead
<br /> exemption rights relating to the Property.
<br /> 18. LINE OF CRLDIT.The Secured Debt includes a revolving Eine of credit. Althvugh the Secured Debt may
<br /> be reduced to a zero balance,this Securiry Instrument will remain in effect until released.
<br /> Secwity Irat�ument-Opa�Entl-Gonwmer-NE OCP-RFOT�NE 71272611
<br /> VMP�Benken System9"' VMP-C4$61NE}571071.00
<br /> Wollen Kluwer Pinarwial Sa�vlces p1g94,2017 Pags 5 of 6
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