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200000905
<br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become
<br /> immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter.
<br /> In addition, Beneficiary shall be entitlecl to all the remedies provided by law, the Evidence of Debt, other evidences of debt,
<br /> this D�ecl of Trust and any related documents including without limitation, the power to sell the Property.
<br /> If there is a default, Trustee shall, in addition to any other permitted remedy, at the reyuest of the Beneficiary, advertise and
<br /> sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute titte
<br /> free and clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice
<br /> of sale including the time, terms and place of sale and a description of the property to be sold as reyuired by the aPplicahle
<br /> law in effect at the time of the proposecl sale.
<br /> Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a de�d to the Property sold
<br /> which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all
<br /> moneys advancecl for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the
<br /> principal and interest on the Secured Debt, paying the surplus, if any, to Trustar. Beneficiary may purchase the Property.
<br /> The recitals in any deed of conveyance shal'l be prima faci:,evidence of the facts set forth therein:
<br /> All remeclies are distinct, cumulative and not exclusive, and the Beneficiary is entitlecl to all remeclies providecl at law or
<br /> eyuity, whether expressly set forth or not. The acceptance by Beneficiary of any sum in payment or partial payment on the
<br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver
<br /> of Beneficiary's right to reyuire full and complete cure of any existing default. By not exercising any remedy on Trustor's
<br /> default, Beneficiary does 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 prohibitecl
<br /> by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deecl of Trust. Trustor
<br /> will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property
<br /> or in any inventories, audits, inspections or other examination by Beneficiary in respect to the Property. Trustor agrees to
<br /> pay all costs and expenses incurrecl by Beneficiary in enforcing or protecting Beneficiary's rights and remeciies under this
<br /> Deed of Trust, including, but not limited to, attomeys' fees, court costs, and other legal expenses. Once the Secureci Debt is
<br /> fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for any rec;ordation costs.
<br /> All such amounts are due on demand and will bear interest from the time of the advance at the highest rate in effec;t, from
<br /> time to time, as providecl in the Evidence of Debt and as permitted by law.
<br /> 19.ENVIRONA�NTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this sec;tion, (1) "Environmental Law"
<br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42
<br /> U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions
<br /> or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br /> "Hazftrdous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
<br /> characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfar� or
<br /> environment. The term includes, without limitation, any substances defined as "hazs�rdous material," "toxic substances,"
<br /> "hazardous waste" or "hazardous substance" under any Environtnental Law. Trustor represents, wanants and agrees that,
<br /> except as previously disclosed and acknowleclged in writing:
<br /> A. No Hazardous Substance has been, is, or will be located, transportecl, manufacturecl, treateci, refined, or handlecl by
<br /> any person on, under or about the Property, except in the ordinary course of business and in strict compliance with
<br /> all applicable Environmental Law.
<br /> B. Trustor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property.
<br /> C. Trustor will immecliately notify Beneficiary if(1) a release or threatenecl release of Hazardous Substance occurs on,
<br /> under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of
<br /> any Environmental Law concerning the Property. In such an event, Trustar will take all necessary remeclial action in
<br /> accordance with Environmental Law.
<br /> D. Trustor has no knowleclge of or reason to believe there is any pending or threatened investigation, claim, or
<br /> proceecling 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. Trustor will immediately notify Beneficiary in writing
<br /> as soon as Trustor has reason to believe there is any such pending ar threatened investigation, claim, or proceeding.
<br /> In such an event, Beneficiary has the right, but not the obligation, to participate in any such proceeding including the
<br /> right to rec;eive copies of any documents relating to such proceedings.
<br /> E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable Environmental Law.
<br /> F. There are no underground storage tanks, private dumps or open wells located on or under the Property an�l no such
<br /> tank, dump or well will be added unless Beneficiary first consents in writing.
<br /> G. Trustor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that
<br /> all permits, licenses or approvals required by any applicable Environmental Law are obtained and compliecl with.
<br /> H. Trustor will permit, or cause any tenant to permit, Beneficiary or Beneficiary's agent to enter and inspec;t the
<br /> Property and review all records at any reasonable time to deternune (1) the existence, location and nature of any
<br /> Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br /> Hazardous Substance that has been released on, under or about the Property; or (3) whether 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 agrees, at Trustor's expense, to engage a qualified
<br /> environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to
<br /> Beneficiary. The choice of the environmental engineer who will perform such audit is subject to Beneficiary's
<br /> approval.
<br /> J. Beneficiary has the right, but not the obligation, to perform any of Trustor's obligations under this sec;tion at
<br /> Trustor's expense.
<br /> K. As a conseyuence of any breach of any representation, warranty or promise made in this sec;tion, (t) Trustor will
<br /> indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses, claims,
<br /> demands, liabilities, clamages, cleanup, response and remediation costs, penalties and expenses, including without
<br /> limitation all costs of litigation and attorneys' f�s, which Beneficiary and Beneficiary's successors or assigns may
<br /> sustain; and (2) at Beneficiary's discretion, Beneficiary may release this Deed of Trust and in return Trustor will
<br /> provide Beneficiary with collateral of at least equal value to the Property secured by this Deed of Trust without
<br /> prejudice to any of Beneficiary's rights under this Deed of Trust.
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