2� 17��947
<br /> Upon sale af the Property and to �he extent nat prohibited by �aw, Trustee shall make and de�iWer a deed �a
<br /> �he Property sald which con�eys ahsolute title to the purchaser, and af�er first paying ali fees, cha�ges and
<br /> costs, shai� pay ta Bene#iciary a!I mvneys ad�an�ed for repairs, taxes, insurance, liens, assessments and
<br /> prior encumbran�es and interes� thereon, and �he principa� and interest vn the �ecured Deb�, pay[ng the
<br /> surplus, if any, fio Trustor. Beneficiary may pu�chase the Froperty. The recitals in any deed o# con�eyance
<br /> shall be prima facie eWidence v# the facts se�forth �herein,
<br /> All remedies are dis�inct, cumu�atiWe and not e�cclusi�e, and the Beneficiary is entitled to all remedies
<br /> pro�ided at law �r equity, whether expressly sefi farth or nv'�, The acce�tance by Ben�fic�ary af any sum in
<br /> payment vr partial paymen� on the Se�ured Debt after the balance is due or is accele�ated ar after
<br /> foreclasure proceedings are filed shall not cflnstitu�e a wai�er of Benefic�a�y's right �o �equire fu�� and
<br /> comple�e cure of any existing defau�t, By not exercising any remedy on Trustor's defau�t, Beneficiary daes
<br /> not wai�e 6eneficiary's righ�to lafier cansider�he e�ent a default if it con�inues ar happens again.
<br /> 'i S, ExPENSES; ADVANCES DN CDVENANTS; ATT�RNEYS' FEES; �DLLECTIDN CD�TS, E�cce�� when
<br /> proh�bi�ed by �aw, Trus�or agre�s to pay all of 6eneficiary's ex�enses if Trustor breaches any co�enant in
<br /> this Deed flf Trust, Trus�or will also pay on demand all �f Beneficiary's expenses incurred in co�lecting,
<br /> insur�ng. pres�r�ing or pratect�ng the Property or in any in�entvries, audits, inspections flr o�her examination
<br /> by gene�iciary in resp�ct �o the Proper�y, Trustar agrees to pay all costs and expenses �ncurred by
<br /> 6eneficiary in en�arcing �r protect�ng Bene�iciary's righ�s and remedies under this,C7eed of Trust, �nclud�ng,
<br /> but nv� limit�d �a, attorneys' fe�s, �ourt costs,"and v�he� ieyai ex�enses. �nce �he 5�cured Debt is fruliy
<br /> and finally paid, Beneficiary agrees to releas� �his Deed of Trust and Trustor agrees to pay for any
<br /> recarda�ion costs. Ail such amaun�s are due on demand and will b�ar interest �rom the t�me o# the ad�ar►ce
<br /> at �he highest ra�e in ef�ect, from time to time, as pro�ided in the E�idence of Deb� and as perm�tted hy
<br /> law,
<br /> 'I9. ENVIRC�NMENTAL LAWS AND HAZARD�US SUBSTANCES. As used in this section, ��� "En�iranmenta�
<br /> Law" means, without l�mitat�vn, the Camprehensi�e En�irvnmental Response, CamQensa�i�n and Liabili�y
<br /> Act �CERCLA, 42 U.S.C, 954'I et seq,�, al! other federal, s�a�e and Iocal laws, regu�a�ions, ordinances, cflurt
<br /> nrders, a�torney genera� o�inions or interpreti�e letters concern�ng the pub�i� health, safety, weifare,
<br /> en�irflnmen� or a hazardous substance; and t�} "Hazardvus 5ubs�ance" means any �axic, radiaacti�e flr
<br /> hazardaus material, was�e, pallutant or �ontaminant which has characteristics which rend�r the substance
<br /> dang�rous or potential�y dangeraus �n the public hea�th, sa#ety, welfare or en��ronmen�. The term includes,
<br /> without �imitation, any substances de�ined as "hazard�us material," "toxi� subs�ances," "hazardous was�e"
<br /> or "hazardaus substance" under any En�ironmental Law. Trustor represents, warrants and agrees that,
<br /> excep�as pre�i�usly disc�osed and acknow�edged in writing:
<br /> A, N� Hazardflus Substance has been, is, o� will be �ocated, transported, manufactured, treated, re�ined,
<br /> or hand�ed �y any person an, under or about the Property, excep� in the ardinary course flf business
<br /> and in str�ct compliance with all app�icable En�ironmental Law,
<br /> B. Trustar has no� and wili no� cause, con�ribu�e to, or permit the release nf any Hazardous Substance
<br /> on the P�operty.
<br /> �, Trustar will immediate�y noti#y Beneficiary i� �1} a release or �hreatened release of Hazardnus
<br /> 5ubstance occurs on, under or abvut �he Proper�y ar migrates or threa�ens to migrate fram nearby
<br /> property; or {�j there is a �ivlat�vn of any En�ironmental Law concerning #he Property. ln such an
<br /> e�ent, Trustor will take all necessary remedial action �n accordance wi�h En�irvnmental Law,
<br /> D. Trustor has nv knowiedge of or reason �o belie�e there �s any pending vr fihreatened �nvestiga�ion,
<br /> cla�m, or proceeding of any kind relating to ��� any Haza�dous Substance focated nn, under or abou�
<br /> the Prope�ty; or t�� any �io�ation by Trustor or any tenant of any En�irvnmental Law. Trustor wili
<br /> immed�afiely notify Beneficiary in wr�ting as sflon as Trustor has reasan tv belie�e ther� is any such
<br /> pend�ng or threatened in�es�igation, c�aim, or pro�eed�ng= [n such an e�ent, Beneficiary has the right,
<br /> bu� not the ,obligation,,.t�. par�icipate.in any such �raceedi�rg including �he right t� recei�e copies of
<br /> any documents relating to such proceedings,
<br /> E. Trustor and e�ery tenan� ha�e been, are and shall remain in #u�l compliance with any a�pli�able
<br /> En�ironmen�al Law.
<br /> F. There are no un�erground storage tanks, p�i�ate dumps or open wel(s �ocated on or under the
<br /> Property and no such�ank, dump or well wil[ be added uniess geneficiary first consents in writing.
<br /> G, Trustor will regularly inspec� the Property, mon�tor the act��ities and aperat[ons on the Property, and
<br /> cflnfirm that all permits, licens�s or appro�als required by any appli�able En�ironmental Law are
<br /> obtained and compiied w��h.
<br /> Security lnstrumer�t-Cvmmereia�lAgriculi�ral-N� AGCO-RESI-NE 71112�11
<br /> VMPC7 Bankers SystemsTl� VMP-C�95�NE) t1107}.��
<br /> Wolters Kluwer Fir�ancial Ser�iees�1993,2(�1 t Page fi of 1�
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