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<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
<br /> prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the
<br /> surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance
<br /> shall be prima facie evidence of the facts set forth therein.
<br /> All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitted to all remedies
<br /> provided at law or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in
<br /> payment or partial payment on the Secured Debt after the balance is due or is accelerated or after
<br /> foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and
<br /> complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does
<br /> not waive Beneficiary's right to later consider the event a default if it continues or happens again.
<br /> 18. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
<br /> prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in
<br /> this Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses incurred in collecting,
<br /> insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination
<br /> by Beneficiary in respect to the Property. Trustor agrees to pay all costs and expenses incurred by
<br /> Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this Deed of Trust, including,
<br /> but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully
<br /> and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for any
<br /> recordation costs. All such amounts are due on demand and will bear interest from the time of the advance
<br /> at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by
<br /> law.
<br /> 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental
<br /> Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability
<br /> Act (CERCLA, 42 U.S.C. 9607 et seq.l, 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 12} "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"
<br /> or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that,
<br /> except as previously disclosed and acknowledged in writing:
<br /> A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined,
<br /> or handled by any person on, under or about the Property, except in the ordinary course of business
<br /> and in strict compliance with all applicable Environmental Law.
<br /> B. Trustor has not and will not cause, contribute to, or permit the release of any Hazardous Substance
<br /> on the Property.
<br /> C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous
<br /> Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby
<br /> property; or (2) there is a violation of any Environmental Law concerning the Property. In such an
<br /> event, Trustor will take all necessary remedial action in accordance with Environmental Law.
<br /> D. Trustor has no knowledge of or reason to believe there is any pending or threatened investigation,
<br /> claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br /> the Property; or (2► any violation by Trustor or any tenant of any Environmental Law. Trustor will
<br /> immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any such
<br /> pending or threatened investigation, claim, or proceeding. In such an event, Beneficiary has the right,
<br />, but not the obligation, to participate in any such proceeding including the right to receive copies of
<br /> any documents relating to such proceedings.
<br /> E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable
<br /> Environmental Law.
<br /> F. There are no underground storage tanks, private dumps or open wells located on or under the
<br /> Property and no such tank, dump or well will be added unless Beneficiary first consents in writing.
<br /> G. Trustor will regularty inspect the Property, monitor the activities and operations on the Property, and
<br /> confirm that all permits, licenses or approvals required by any applicable Environmental Law are
<br /> obtained and complied with.
<br /> Securitylnstrument-Commercial/Agricultural-NE AGCO-RESI-NE 7!7/2011
<br /> VMPOO Bankers SystemsTM VMP-05951NE1 111071.00
<br /> Wolters Kluwer Financial Services OO 1993,2011 � � Page 6 of 10
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