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201807210 <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and <br />principal shall become immediately due and payable, after giving notice if required by law, upon the <br />occurrence of a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies <br />provided by law, the Evidence of Debt, other evidences of debt, this Deed of Trust 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 at <br />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 deed <br />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 expressly set forth or not. The acceptance by Beneficiary of any sum <br />in 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 <br />does not waive Beneficiary's right to later consider the event a default if it continues or happens again. <br />19. 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 Deed of Trust. Trustor will also pay on demand all of Beneficiary's expenses incurred in <br />collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or <br />other examination by Beneficiary in respect to the Property. Trustor agrees to pay all costs and <br />expenses incurred by Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this <br />Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once <br />the Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor <br />agrees to pay for any recordation costs. All such amounts are due on demand and will bear interest from <br />the time of the advance at the highest rate in effect, from time to time, as provided in the Evidence of <br />Debt and as permitted by law. <br />20. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) "Environmental <br />Law" means, without limitation, the Comprehensive Environmental Response, Compensation and <br />Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, <br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, <br />safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any <br />toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics <br />which render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />environment. The term includes, without limitation, any substances defined as "hazardous material," <br />"toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor <br />represents, warrants and agrees that, except as previously disclosed and acknowledged in writing: <br />A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, <br />refined, or handled by any person on, under or about the Property, except in the ordinary course <br />of business and in strict compliance with all applicable Environmental Law. <br />Agricultural/Commercial Real Estate Security Instrument -NE <br />Bankers SystemsTM VMP® <br />Wolters Kluwer Financial Services © 1993, 2011 <br />VMPC595(NE) (1701)00 <br />AGCO-RESI-NE 1/1/2017 <br />Page 7 of 13 <br />