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202100848
<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 />shall be maintained in the amounts and for the periods that Beneficiary requires. What Beneficiary
<br />Deed Of Trust Closed End -NE
<br />® 2020 Wolters Kluwer Financial Services, Inc. 09/2020
<br />All rights reserved. 20.3.0.3317-J20201110N Page 4 of 7
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