Laserfiche WebLink
Z�15�53�5 <br /> �f there z� a default, Trustee shal.l, �n a�dition to any othex perm�tted remedy, at the request of the <br /> BenQficiary, advertise and sell the Property as a whvle Qr in separat�parcels at public auction to the highest <br /> ��dder far cash and convey absalute title free and clear of al.� r�ght, tit�e and xnter�s� of Trustor at such time <br /> and place as Trustee designates. Trustee shall give r�otice af sale including the t�m�, t�rms and p�ac� of sale <br /> and a descriptian af the property to be sold as requir�d by the applicable law in effect at the time of th� <br /> pr�pased sale. <br /> Upon sale of the Property and to the extent n�t prohibited by law, Trustee shall rnake and deli�er a deed to <br /> the Property sold which conv�ys absolute title t� the purchas�r, and after first paying all fees, charges and <br /> �as�s, shall pay to Benefi�iary all moneys advanc�d far repairs, taxes, insuran�e, liens, assessments and prior <br /> encumbrances and interest therean, and the principal and interest an the Secured D�bt, paying the surp�us, if <br /> any, to Trustor. Beneficiary may purchase the Property. The xecxtals in any deed of con�eyance sha�l b� <br /> prima facie e�idence of the facts 5et farth there�n. <br /> A�� remed��s are d�s��nct, cumulati�e and not exc�usive, and �he Beneficiary i� entit�ed �o a�l xemedies <br /> pro�ided at law or equity, whether or nat expressly set forth. The acceptance by Ben�fi�iary of an� sum in <br /> payment or partial paym�nt on the Secured Debt after�he balance is du�or is accelerated or after foreclnsure <br /> proce�dings are filed shail not �anstitute a wai�er af Ben�ficiary's rzght to r�quire �nmple�e cure of any <br /> �xisting default. By n�t exer�ising any rem�dy an Trustar's d�faul�, Benefic�ary do�s nat waive Benef��iary's <br /> right ta Iat�r��nsider thc e�ent a default if it continues or happens again. <br /> 16. E�PENSES; ADVAI�IGES �N C�VENANTS; ATT�IZNEYS' FEES; C�LLECTIUN C�5T5. E�cept <br /> when pr�hibited by law, Trustor agrees ta pay all of Beneficiary's expenses if Trustor breaches any ca�enant <br /> in Chis Se�urity Instrument. Trus�or vvill also pay �n demand any arnount in�urred by Beneficiar� fox <br /> insuring, inspecting, preserving or atherwise protecting the Praperty and Beneficiary's s��urity interest. <br /> These expenses vvill bear inte�rest from�h� date of the payment until paid in ful� at the highest interest rate in <br /> eff�ct as pro�id�d in the terms af the Secured I�ebt. Trustar agree5 �a pay all costs and expenses �ncurred by <br /> Beneficiary in �allecting, enfoxc�ng or prvtecting Beneficiary's rights and xemedies under this 5ecurity <br /> Instrumen�. This amount ma� inc�ude, but is nat limited to, attarneys' fees, court �osts, and other l�gal <br /> expenses. This Security Instrument shall remain in effec� untii released. Trustor agrees to pay f�r any <br /> re�ordation��sts af such releas�. <br /> 17. ENVIRUI�TMEI�TTAL LAWS AND HA2ARDaUS SUBSTAN�ES. As used in this section, {1� <br /> Environmental Law means, without limitation, the Comprehensive Env�ronmen�al Response, Compensation <br /> and Liabiiity Act�CERCLA, 42 U.5.�. 9G�l. et seq.}, and all other federal, state and�oca� lat�vs, regulations, <br /> ordinance�, �ourt�rders, attorney gen�ral apinions or�nterpreti�e letters con�erning the public health, safety, <br /> welfare, en�iranmenti ar a ha2ardaus substance; and (2} Hazardous Substance means any ta�ic, rad��acti�e or <br /> ha�ardaus material, waste, pollutant �r contaminant which has characteristi�s wh�ch render the substan�e <br /> dangeraus or �otentially dangerou� to the pu�l�c health, safety, welfare ar environment. The term includes, <br /> without iimitation, any substances defined as "hazardous rnaterial," "t��CIC SLt�3Sf�'1Ce5," "hazardous waste" ar <br /> "hazardous substance" under any En�ironrnental Law. <br /> Trus�or represents, warrants an�1 agre�s that: <br /> A.Except as pre�i�us�y disclased and ackn�wledg�d in vvriting to Benefi�iary, no Haz�rdous Substan�e is <br /> ar will be locared, stored or released �n o�r in th� Property. Thts restriction does nat apply to sma11 <br /> quantiti�s af Hazard�us Substances that are gen�ral�y xecagnxzed to b� appropriate for the normal use <br /> and maintenan�e af the Property. <br /> B. E�c�pt as pre�iously dis�lased and a�knawledged �n writing to B�n�ficiary, Trus�ar and ewery tenant <br /> ha�e b�en, are, and sha11 r�main in full campl�ance wxth any applicab�e En�ironmental. Law. <br /> C.Trustor sha11 immediately notify Beneficiary if a re�ease❑r threatened rel�ase of a Ha�ardous Substance <br /> vccurs on, und�r ar about the Propert�or th�re is a�inlat�an af any En�ironmental Law�oncerning the <br /> Praperty, �n such an eWent, Trustor shall take all necessar�r rem�dia� acti�n in accardance vvith any <br /> Enviranrnental Law. <br /> I].Trustor shall immediately no�ify Benefzc�ary �n writing as soon as Trustor has reason to believe there is <br /> any pending or threatened investigati�n, claim, or proceeding relating to the rel�ase or threatened <br /> release of any Hazardous 5ubstar�ce�r the�iolation�f any En�ironm�ntal Law. <br /> 18. CUNDEMNATIDN. Trustor vW�xX give Beneficiary prompt notice of any pending ar threatened action, by <br /> priva�e ar public entities to purchase or take any ar all af the Pr�per�y through condetnnatian, eminent <br /> damain, ar any �th�r rneans. Trustnx authorizes Beneficiary to intervene in Trustor's name in any af th� <br /> aba�e describ�d aetions or c�aims. Trustor assi�ns t� Benef��iary the proceeds �f any award or �laim far <br /> damages connect�d with a condemnation or Qther taking �f all �r any part �f th� Property. Such proceeds <br /> sha1.I be�onsidered payments and will be appli�d as prQ�zd�d in this S�curity Instrument. This assignment af <br /> praceeds is sul�ject �o the terms af ar�y prior mortgage, deed of trus�, �ecurity agreement or ather lien <br /> do�ument, <br /> 5e�urity Instrument-Consum�r-NE RE-DT-NE 21912�13 <br /> VMP�Bankers Systems� VMP-C1�5�NEf �1 30�}.�0 <br /> Wafters Kluwer Financial 5er�ices 41 994,201 1 Pag�4 of 6 <br />