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��15�5�55
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<br /> p�a��ded by law �f Trustor is in default. �n some instances, fed�rai and state law will requ�re
<br /> Beneficiary t� pr��ide Trustor with natice af the right to cure, vr ❑ther natices and may establish
<br /> time schedules for foreclosure a�tians. Each Trustor requests a capy �f any natiGe af d�fault and
<br /> any nvtice oF sale thereunder be mailed ta �ach Trustar at the address prv�ided in Section '� abo�e.
<br /> At the ❑�tion vf the Beneficiary, al! or any part of the agreed fees and char�es, accrued interest
<br /> and principal sha11 b�come immediately due and paya��e, after gi�ing notice if required by law,
<br /> upon the �ccur�ence of a default ar anytime thereafter.
<br /> If ther� is a default, Trustee shall, at the requ�st �f the Benefi�iary, ad�ertis�and se�l th� Prvperty
<br /> as a whole �r in separate parcels at puhlic auctian t�the highest t�idder for cash and can�ey
<br /> absoEute title free and clear of a11 right, title and interest �f Trustor at such tirne and place as
<br /> Trustee designates. Trustee shail gi�e nvtice of sa�e including the time, terms and piace of sale and
<br /> a description of the property tv b� s�ld as requrred by the applicable 1aw in effe�t at the time of
<br /> the proposed sale.
<br /> Upon sa�e af the Property and tv the extent nvt prvhilaited by law, Trust�� shall make and deli�er a
<br /> deed tv the Property sold which con�eys ahsolute title to the purchaser, and after first paying all
<br /> fees, charges and casts, shall pay to Benefic�ary all rnnn�ys ad�anced for repairs, taxes, insurance,
<br /> Ei�ns, ass�ssments and prior encumbrances and interest therean, and the princip�l and interest an
<br /> the Secur�d ❑ebt, paying the surplus, if any, tQ Trustor. Beneficiary may purchase the Property.
<br /> The rec�tals in any deed of con�eyance shall be prima facie e�idenGe af the facts set forth therein.
<br /> The acceptance by Beneficiary of any sum in payment vr partial payment vn the 5ecured D�ht after
<br /> the balanCe is due ar is accelerat�d or aft��for�clasure proceedings are fiied shall nvt constitute a
<br /> wai��r nf Benef�ciary's right tv require cvmplete cure aF any existin� defau�t. By not ex�rG�sing any
<br /> remedy nn Trustor's default, Beneficiary da�s n�t wai�� Benefi�iary's right tv lat�r consid�r the
<br /> e�ent a default if it happens again.
<br /> 1�. E�PENSES; ADVAN�ES aN C�VENANTS; ATT�RNEYS' FEES; C�LLECTI�111 C�STS. If
<br /> Trustor breaches any covenant in this Security Inst�um�nt, Trustar agrees ta pay all expenses
<br /> Beneficiary incurs in perfv�ming su�h co��nants ar protecting its security interest in the Property.
<br /> 5uch expens�s include, �ut are nat iimEted to, fees inGurred for inspecting, preser�ing, or otherwise
<br /> protecting the Property and Beneficiary's secu�ity interest: Thes� expenses ar� payahle on demand
<br /> and w�ll t�ear int�rest f�orn the date �f payment unt�l pa�d �n fuli at th� highest rate flf interest �n
<br /> �ffect as prfl�ided in th�terms of th� Secured Debt. Trust�r agrees ta pay a11 costs and expenses
<br /> incurred t�y B�neficiary in colCecting, enf�rc�ng o� prvtecting Benefi�iary's rights and rernedies under
<br /> this Security Instrurnent, This amount may inciude, but is not limited to, Tru�t��'s fees, cvurt costs,
<br /> and vther legal expenses. To th��xtent permitted by the United State� Bankruptcy Code, Trusto�
<br /> agrees tv pay the reasanable attorneys' f�es �eneficiary inCurs to�all�ct the Secured Debt as
<br /> awarded by any court�x�rcising jurisdictian und�r the Bankruptcy� �ode. This Security lnstrurnent
<br /> sha11 remain in eff�ct until r�leased. Trustor a�re�s to pay fvr any recordativn �asts of such release,
<br /> 11. ENVIR�NMENTAL LAWS AND HAZARD�iJS SUSSTANCES. As used in this secti�n ��}
<br /> Envirvnm�ntal Law means, w�thout limitation, th��omprehensive En�ir�nm�ntal Resp�nse,
<br /> Comp�nsation and Liability Act ��ERCLA, �� U.S.C. 95�� et seq.}, and al! other federal, state and
<br /> Ivca! 1aws, regulativns, o�dinances, court vrd�rs, attarney general vpinions vr interpreti�e letters
<br /> cvnce�ning the publ�c heaith, safety, welfare� en�ironment vr a hazardous substance; and �2}
<br /> Hazardous Substance m�ans any toxi�, radi�active or hazard�us material, waste, pvllutant ar
<br /> contaminant whi�h has characteristics whi�h rende�th�substance dangeraus ar potentially
<br /> dan�er�us tv the public health, safety, welfare nr en�ironment. The t�rm includes, withvut
<br /> limitation, any substances defined as "hazardaus materia�," "taxic substances," "hazardous waste"
<br /> ar "hazardous substanc�" under any En��ronmenta! Law.
<br /> T�ustor represents, warrants and agrees that:
<br /> A.Ex�ept as pre�i�usly disclvsed and acknowledged in writing to Beneficiary, no Ha�ardous
<br /> Substance is or will be locat�d, star�d or�eleased on �r in the Praperty. This restrictian does
<br /> not apply t� srnall quantities of Hazardous 5uhstances that are gen�rally r�cagnized to be
<br /> a�prapriate far the nvrmal use and maintenance of the Praperty.
<br /> B. Ex��pt as pre��aus�y disclosed and acknowledg�d �n writ�ng t� Beneficiary, Trustvr and �very
<br /> tenant ha�e h�en, are, and shall remain in full ��mpliance wi�h any applicable En�ir�nmental Law.
<br /> � �page 5❑f 7}
<br /> _1994 Walters Itkuwer Financial Ser�ices-Bankers Systems� Form USB�CP-DT-NE"I 11161�012
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