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20 1700142
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to
<br />the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and
<br />costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and
<br />prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the
<br />surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance
<br />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 expressly set forth or not. The acceptance by Beneficiary of any sum in
<br />payment or partial payment on the Secured Debt after the balance is due or is accelerated or after
<br />foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and
<br />complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does
<br />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
<br />prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in
<br />this Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses incurred in collecting,
<br />insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination
<br />by Beneficiary in respect to the Property. Trustor agrees to pay all costs and expenses incurred by
<br />Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this Deed of Trust, including,
<br />but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully
<br />and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay for any
<br />recordation costs. All such amounts are due on demand and will bear interest from the time of the advance
<br />at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as permitted by
<br />law.
<br />19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental
<br />Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability
<br />Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court
<br />orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare,
<br />environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has characteristics which render the substance
<br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes,
<br />without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste"
<br />or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that,
<br />except as previously disclosed and acknowledged in writing:
<br />A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined,
<br />or handled by any person on, under or about the Property, except in the ordinary course of business
<br />and in strict compliance with all applicable Environmental Law.
<br />B. Trustor has not and will not cause, contribute to, or permit the release of any Hazardous Substance
<br />on the Property.
<br />C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous
<br />Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby
<br />property; or (2) there is a violation of any Environmental Law concerning the Property. In such an
<br />event, Trustor will take all necessary remedial action in accordance with Environmental Law.
<br />D. Trustor has no knowledge of or reason to believe there is any pending or threatened investigation,
<br />claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br />the Property; or (2) any violation by Trustor or any tenant of any Environmental Law. Trustor will
<br />immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any such
<br />pending or threatened investigation, claim, or proceeding. In such an event, Beneficiary has the right,
<br />but not the obligation, to participate in any such proceeding including the right to receive copies of
<br />any documents relating to such proceedings.
<br />E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable
<br />Environmental Law.
<br />F. There are no underground storage tanks, private dumps or open wells located on or under the
<br />Property and no such 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
<br />confirm that all permits, licenses or approvals required by any applicable Environmental Law are
<br />obtained and complied with.
<br />Security Instrument - Commercial /Agricultural -NE
<br />VMPOO Bankers SystemsTM
<br />Wolters Kluwer Financial Services ©1993, 2011
<br />AGCO- RESI -NE 7/1/2011
<br />VMP- C5951NE) 11107).00
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