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20160 '7441 ' ,
<br /> remedies provided by law,the terms of the Secured Debt,this Security Instrument and any related
<br /> 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 request of the
<br /> Beneficiary,advertise and sell the Property as a whole or in separate parcels at public auction to the
<br /> highest bidder for cash and convey absolute title free and clear of all right,title and interest of Trustor
<br /> at such time and place as Trustee designates.Trustee shall give notice of sale including the time,terms
<br /> and place of sale and a description of the Property to be sold as required by the applicable law in effect
<br /> at the time of the proposed sale.
<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 /> vol.1.1.4614
<br /> Deed Of Trust Closed Snd-NE
<br /> Bankers Systems'.VNP® 06/2016
<br /> Wolters Kluwer Financial Services 0 2014 2016102716.2.0.3814J20160916N Page 4 o17
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