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201603 78 <br /> Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a <br /> deed to the Property sold which conveys absolute title to the purchaser,and after first paying all fees, <br /> charges and costs,shall pay to Beneficiary all moneys advanced for repairs,taxes,insurance,liens, <br /> assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured <br /> Debt,paying the surplus, if any,to Trustor. Beneficiary may purchase the Property. The recitals in any <br /> deed of conveyance shall be 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 <br /> sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or <br /> after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require <br /> complete cure of any existing default.By not exercising any remedy on Trustor's default,Beneficiary <br /> does not waive Beneficiary's 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 when <br /> 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 <br /> for insuring,inspecting,preserving or otherwise protecting the Property and Beneficiary's security <br /> interest.These expenses will bear interest from the date of the payment until paid in full at the highest <br /> interest rate in effect as provided in the terms of the Secured Debt.Trustor agrees to pay all costs <br /> and expenses incurred by Beneficiary in collecting,enforcing or protecting Beneficiary's rights and <br /> remedies under this Security Instrument. This amount may include,but is not limited to, attorneys' <br /> fees,court costs, and other legal expenses. This Security Instrument shall remain in effect until <br /> released.Trustor agrees to pay for any 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, <br /> Compensation and Liability Act(CERCLA,42 U.S.C.9601 et seq.),and all other federal,state <br /> and local laws,regulations,ordinances,court orders,attorney general opinions or interpretive <br /> letters concerning the public health, safety,welfare, environment or a hazardous substance;and(2) <br /> "Hazardous Substance"means any toxic,radioactive or hazardous material,waste,pollutant or <br /> contaminant which has characteristics which render the substance dangerous or potentially dangerous <br /> to the public health,safety,welfare or environment.The term includes,without limitation, any <br /> substances defined as "hazardous material," "toxic substances," "hazardous waste" or"hazardous <br /> 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 <br /> Substance is or will be located,stored or released on or in the Property. This restriction does <br /> not apply to small quantities of Hazardous Substances that are generally recognized to be <br /> appropriate for the normal use and maintenance of the Property. <br /> (B)Except as previously disclosed and acknowledged in writing to Beneficiary,Trustor and every <br /> tenant have been,are,and shall remain in full compliance with any applicable Environmental <br /> Law. <br /> (C)Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous <br /> Substance occurs on,under or about the Property or there is a violation of any Environmental <br /> Law concerning the Property. In such an event,Trustor shall take all necessary remedial action <br /> in accordance with any Environmental Law. <br /> (D)Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe <br /> there is any pending or threatened investigation,claim,or proceeding relating to the release or <br /> threatened 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 <br /> action,by private or public entities to purchase or take any or all of the Property through <br /> condemnation, eminent domain, or any other means. Trustor authorizes Beneficiary to intervene in <br /> Trustor's name in any of the above described actions or claims. Trustor assigns to Beneficiary the <br /> proceeds of any award or claim for damages connected with a condemnation or other taking of all or <br /> any part of the Property. Such proceeds shall be considered payments and will be applied as provided <br /> in this Security Instrument.This assignment of proceeds is subject to the terms of any prior mortgage, <br /> deed of trust, security agreement or other lien document. <br /> 19. Insurance. Trustor shall keep Property insured against loss by fire,flood,theft and other <br /> hazards and risks reasonably associated with the Property due to its type and location.This insurance <br /> shall be maintained in the amounts and for the periods that Beneficiary requires. What Beneficiary <br /> requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The <br /> insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, <br /> which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, <br /> Deed Of Trust Closed End-NE <br /> Bankers Systems'.WPC, 03/2016 <br /> Wolters Kluwer Financial Services®2014 2016051716.1.0.3454-N20160318N Page 4 of 6 <br />