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��15����1 <br /> .. - <br /> � <br /> If there is a default, Trustee shall, in additian �a any other permitted remedy, at the requ�st af th� <br /> Benef�ciary, ad�ertise and sell the Praperty as a wh�le ar �n separate parce�s at pub�ic auctivn to �he highest <br /> b�dder for cash and con�ey absolut� t�tle free and clear of a�l right, title and int�rest of Trustor at such tune <br /> and p�ace as Trustee designates. Trustee shali gi�e notice of sale �nciuding the �ime, terms and p1aCe of sale <br /> and a de�cription of the property ta b� sold as required by the applicable law in effect at the time of the <br /> proposed sale. <br /> Upon sa�e of the Praperty and to the extent nat pr�hibited by law, Trustee sha�1 make and deli�er a deed ta <br /> the Property sald which can�eys absolute title ta the purchaser, and after f�rst paying a1l f�es, charges and <br /> cast5, shall pay t� Benefic�ary all moneys ad�anced for repairs, taxes, insurance, �iens, assessments and prior <br /> encumbrances and �nterest thereon, and the prin�ipal and interest on the Secured Debt, paying the surplus, if <br /> any, t� Trustvr. Beneficiary may purchase th� Praperty. The recitals in any deed of con�eyanc� shal� be <br /> prima facie evidence of the facts set forth therein. <br /> AlI r�medies are distinct, cumulati�e and n�t �xclusi�e, and the Beneficiary i� ent�tled to all remedies <br /> pro�ided at law nr �quity, wh�ther �r nat expressly set forth. The acceptance by Beneficiary of any sum in <br /> payment nr partial payment �n the Secured Deb� after the baiance is due �r is ac�el�rated ar after fore�losur� <br /> proceedings are filed shall not constitute a wai�er of Bene�ciary's right to require complete cure nf any <br /> existing default. By not exerc�sing any remedy on Trustor's default, Beneficiary does not wai�e Benef�ciary's <br /> right ta later consider th�e�ent a default if it continues or happ�ns again. <br /> 16. E�PENSES; ADVANCES �N ��VENANTS; ATT�RNEYS' FEES; C�LLECTI�N C[�STS. Except <br /> when prohibited by law, Trustar agrees t� pay all af Ben�ficiary's expenses if TruStor brea�hes any �o�enant <br /> in this Security Instrument. Trustor will a1s� pay an demand any amaunt incurred by Beneficiary for <br /> insuring, insp�cting, pre5er�ing or atherwise prot�cting the Prnperty and Bene�ciary's security int�rest. <br /> These expenses w�Il bear int�rest from the date of the payment un�i� paid in full at the highest interest rate in <br /> effect as pro�ide�i in the terms of the 5ecured Debt. Trustor agrees ta pay all cast5 and expenses incurre�i by <br /> Beneficiary in co�lecting, enforcing ar protecting Ben�ficiary's rights and remedies under this S�curi�y <br /> Instrument. This amount may include, but is not limited to, attorneys' fees, cvurt costs, and other legal <br /> expenses. This Securi�y Instrument shall remai.n in eff��t unti� released. Trustor agrees �o pay fnr any <br /> recordation costs of such release. <br /> 17. ENVIR�NMENTAL LAWS AND HAZARI�US SUBSTANCES. As used in this section, �1} <br /> En��ronmental Law means, w�thout limitation, the Camprehensi�e En��rnnmental Response, Compensation <br /> and Liability Act (CERCLA, 42 U.S.C. 96�I et s�q.}, and all other federal, state and local laws, regulati�ns, <br /> ordinan�es, caurt arders, attorney general opinions or interpr�ti�e letters �oncerning �he pubYic hea�th, saf�ty, <br /> w��fare, en�ironment ar a ha2ardous substance; and �2} Hazardous SubStance means any t�xic, radivacti�e or <br /> hazardous material, waste, pollutant or contaminant which has characteristics which rend�r the substance <br /> dangerous ar patential�y dangeraus t� the public health, safety, we�fare or en�ironment. The term includes, <br /> withaut �imitation, any substances defined as "hazardaus material," "t�xic sub5tan�es," "hazard�us waste" or <br /> "hazardous substance" under any En�irnnmental Law. <br /> Trus�or represents, warrants and agrees that: <br /> A.Except as pre�iously disclosed and ackn�wledged iza writing to Benefic�ary, no Hazardous Substance is <br /> or will b� lacated, st�r�d or released on or in the Pr�perty. This restri�tion does not app�y t� sma11 <br /> quantities af Hazardous Substance5 that are generally recognized to be appr�priat� for the normal use <br /> and maintenance of the Praperty. <br /> B. Except as pre�i�usly disclosed and acknawledged in writing to Ben�ficiary, Trustor and e�ery �enant <br /> ha�e be�n, are, and shall remain in full c�mpliance with any applicable En�ironmentai Law. <br /> C.Trustor shall immediately natify Beneficiary if a release or threatened release �f a Hazardous Substance <br /> accurs on, under ar about the Property or�iere is a�iolation of any Environmental Law concerning the <br /> Prvperty. In such an e�ent, Trustor shall take al� neces5ary remediax action in accordance with any <br /> En�ironmen�al Law. <br /> D.Trustor sha�l imm�diately notify Beneficiary in writing as soan as Trustnr has reason to believ� �there �s <br /> any pending ar �hreatened in�estigati�n, claim, or proCeeding r�lating t� the release or threaten�d <br /> release of any Ha2ardous Substance�r t.he�ialation of any En�ironmental Law. <br /> 18. C�NDEMNATIUN. Trustor wi�� gi�e Beneficiary pr�mpt notice of any pend�.r�g ar threatened acti�n, by <br /> pri�ate �r public entities to purchase �r take any �r a�� af the Prvperty thr�ugh �ondemnation, eminent <br /> domain, or any other means. Trustor authorizes Benefic�ary to inter��ne in Trustor's name in any vf the <br /> abn�e described acti�ns or clairns. Trustor assigns to Ben�f�czary the pro�eeds of any award ar cla�im for <br /> damages connected wi�h a condemnation or vth�r taking of a1i or any part of the Proper�y. Such proceeds <br /> shall be considered payments and will be applied as pro�ided in this 5ecurity Instrurnent. This assignment of <br /> pro�eeds �s subject t� the Cerms of any prior mortgage, deed of �rust, security agreement ar �ther lien <br /> document. <br /> Security ir�strument-Consumer-NE RE-DT-NE 21�12�13 <br /> VMP�Bankers Systems�M VMP-C1fi5tNEy {13021.QQ <br /> Waltecs lCluwer financial Services 01994,201 1 Page 4 of 6 <br />