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DCN: DCFAC8CA61C26CB8BD1840F5FEC063E7
<br />20. Sale or Transfer. Upon sale or transfer of all or any part of the Property, or any interest therein, or of any
<br />beneficial interest in any Trustors (if said Trustors is not a natural person or persons but is a corporation,
<br />partnership, trust or other legal entity), Beneficiary may, at its option, declare all of the sums secured by this
<br />instrument to be immediately due and payable, and Beneficiary may invoke any remedies provided in this
<br />instrument.
<br />21. Limitation on Interest. The parties hereto stipulate that, in the event any applicable law limiting the amount
<br />of interest or other charges permitted to be collected is interpreted so that any charge provided for in this
<br />Deed of Trust or in the Note, whether considered separately or together with other charges that are
<br />considered a part of this Deed of Trust and Note transaction, or any charge provided in other indebtedness
<br />secured hereby, violates such law by reason of the acceleration of the indebtedness secured hereby, or for
<br />any other reason, such charge is hereby reduced to the extent necessary to eliminate such violation. Any
<br />amounts of such interest or other charges previously paid to Beneficiary in excess of the amounts permitted
<br />by applicable law shall be applied by Beneficiary to reduce the principal of the indebtedness evidenced by the
<br />Note, or, at Beneficiary's option, be refunded. To the extent permitted by applicable law, determination of
<br />the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and
<br />spreading, in equal parts during the period of the full stated term of the pertinent loan and indebtedness, all
<br />interest at any time contracted for, charged or received from the maker of the Note in connection with the
<br />loan and indebtedness secured hereby, so that the actual rate of interest on account of such indebtedness is
<br />uniform throughout the term thereof.
<br />22. Environmental Matters.
<br />A) Defined Terms. All capitalized terms used in this instrument shall have the meanings defined in the Sections
<br />where they are first used, or if not therein defined, the following meanings (such meanings to be equally
<br />applicable to both the singular and the plural forms of the terms defined):
<br />(1) "Contaminants" means hazardous substances, toxic, substances, hazardous wastes, special wastes,
<br />petroleum or any other substance regulated under any applicable federal, state or local environmental law;
<br />and (2) "Environmental Agency" means the U.S. Environmental Protection Agency, a state or local attorney
<br />general or any other federal, state or local governmental agency that regulates or controls the generation,
<br />treatment, storage, transportation, release or disposal of Contaminants or the remediation of problems
<br />pertaining to Contaminants.
<br />B) To the best of Trustors' knowledge, information and belief:
<br />(1) The Property is free of all contaminants. Neither Trustors nor any other person (including but not limited
<br />to prior owners, occupants or tenants) has ever caused or permitted any contaminants to be generated,
<br />treated, stored, transported, released or disposed of, on, at, through or under the Property; and (2) Neither
<br />Trustors nor any other person (including but not limited to prior owners, occupants or tenants) has received
<br />any notice of any action, proceeding or investigation by an Environmental Agency related to any suspected
<br />or actual violation of any applicable federal state or local environmental law relating to the Property or to
<br />Contaminants on the Property.
<br />C) Compliance with Environmental Laws.
<br />(1) Trustors shall immediately notify Beneficiary in writing of any notice of any pending or threatened
<br />action, proceeding or investigation from an Environmental Agency; and (2) Trustors shall keep the Property
<br />free from all Contaminants and shall not use the Property for the generation, treatment, storage, transport or
<br />disposal of Contaminants; and (3) Beneficiary shall have the right at any time and from time to time to
<br />require Trustors at Trustors' expense to obtain an environment assessment of the Property, the form and
<br />content or which must be satisfactory to Beneficiary, by an environmental consultant satisfactory in
<br />Beneficiary. Should. Trustors fail to have such environmental assessment performed within thirty (30) days of
<br />Beneficiary written request, Beneficiary shall have the right to retain an environmental consultant to perform
<br />such environmental assessment. Beneficiary shall also have the right without limitation of Beneficiary's other
<br />rights under this instrument, to enter onto the Property to conduct tests or to take such other actions as it
<br />deems necessary or advisable to cleanup, remediate, encapsulate, remove, resolve or minimize the impact of,
<br />or otherwise deal with any Contaminants or breaches of applicable environmental laws which could result in
<br />an order, suit or other action against Trustors and /or which, in the sole opinion of Beneficiary, could
<br />jeopardize its lien and security interest under this instrument. Trustors shall pay to Beneficiary on demand the
<br />amount of all costs and expenses incurred by Beneficiary in the exercise of such rights, together with interest
<br />thereon from the date when incurred at the default rate provided under the Note. Such amounts and interest
<br />shall be secured by this instrument and shall be a lien on and security interest in the collateral prior to an
<br />right, title, interest, lien, or claim in or upon the collateral subordinate to the lien of this instrument; and (4)
<br />Beneficiary's rights in this Section may be exercised by it in its sole discretion. Beneficiary shall have no
<br />obligation to enter on Property or take any other action which it is authorized by this Section to take for the
<br />protection of its security. Any action which it may elect to take shall be solely for its own benefit and all
<br />third party beneficiary rights are hereby expressly negated. Beneficiary shall have no responsibility for the
<br />conduct of Trustors' environmental practices respecting the Property. Any action or inaction by Beneficiary
<br />hereunder shall not be deemed to constitute the taking of control over Trustors' disposal, generation,
<br />treatment, storage, management, or other environmental practices with respect to the Property or any
<br />Contaminants.
<br />23. The total principal amount of the indebtedness secured hereby, including any future debts, advances or
<br />obligations shall not exceed the sum of $ ,provided, however, that nothing
<br />contained herein shall constitute a commitment to make any future loan or advances in any amount. If the
<br />Property includes Trustor's principal dwelling or is otherwise a 1 to 4 family dwelling, this Deed of Trust will
<br />not secure any future loan, advance, debt, obligation or liability taken or incurred principally for a personal,
<br />family or household purpose unless specific reference to the Property is expressly made in the subsequent
<br />transaction and all required notices and disclosures are given to Trustors as required by applicable consumer
<br />laws and regulations (including, without limitation, any required notice of the right of rescission).
<br />24. Request is hereby made that a copy of any notice of default and a copy of notice of sale under this Deed of
<br />Trust be mailed to Trustor at the mailing address set forth herein.
<br />Form NEDEED
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