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201806683 <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 />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 />Deed Of Trust Closed End -NE <br />Bankers Systems'. VMP® 07/2018 <br />Wolters Kluwer Financial Services ® 2014 18.2.0.1989-J20180810N Page 4 of 7 <br />