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201404433 <br /> 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 convey absolute title free and clear of all right, title and interest of Trustor at such time <br /> and place as Trustee designates. Trustee shall give notice of sale including 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, 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 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 <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 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 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 on Trustor's default, Beneficiary does not waive Beneficiary's <br /> right to later consider 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 in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by <br /> Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security <br /> Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal <br /> expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any <br /> recordation costs of such release. <br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) <br /> Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation <br /> and Liability Act(CERCLA, 42 U.S.C. 9601 et seq.),and all other federal, state and local laws, regulations, <br /> ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, <br /> welfare, environment or a hazardous substance; and(2)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" 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 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.Trustor 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 /> D.Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is <br /> any pending or threatened investigation, claim, or proceeding relating to the release or threatened <br /> release of 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 entities 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 the 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. This assignment of <br /> proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien <br /> document. <br /> Ssc",r��yyInslrumant.Cou�mer-NE RE-DT-NE 12//1/2013 <br /> VMP' Ssnksrs Syuems <br /> Wolters Kluwer Fkumsd&Services 01994,2011 Peps 4 618 <br /> tl <br /> 14 <br />