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202405 548 <br />16. Remedies on Default. In some instances, federal and state law will require Beneficiary to <br />provide Trustor with notice of the right to cure or other notices and may establish time schedules for <br />foreclosure actions. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt <br />and foreclose this Security Instrument in a manner provided by law if Trustor is in default. <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 <br />the occurrence of a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the <br />remedies provided by law, the terms of the Secured Debt, this Security Instrument 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 <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 />17. 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 />18. 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 />Deed Of Trust Closed End -NE <br />® 2023 Wolters Kluwer Financial Services, Inc. 07/2024 <br />All rights reserved. 24.3.0.5958-J20240907N Page 5 of 10 <br />