202208672
<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 />requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The
<br />insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval,
<br />which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above,
<br />Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property
<br />according to the terms of this Security Instrument. Trustor acknowledges and agrees that Beneficiary
<br />or one of Beneficiary's affiliates may receive commissions on purchase of this insurance.
<br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard
<br />"mortgage clause" and, where applicable, "loss payee clause." Trustor shall immediately notify
<br />Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold
<br />the policies and renewals. If Beneficiary requires, Trustor shall immediately give to Beneficiary all
<br />receipts of paid premiums and renewal notices. Upon loss, Trustor shall give immediate notice to the
<br />insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by
<br />Trustor.
<br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or
<br />repair of the Property or to the Secured Debt, whether or not then due, at Beneficiary's option. Any
<br />VO1.1.1.28620
<br />Deed Of Trust Closed End -NE
<br />® 2022 Wolters Kluwer Financial Services, Inc. 09/2022
<br />All rights reserved. 22.3.0.4686-J20221024N Page 4 of 7
<br />
|