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200200653 At the option of lieneticiary, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, atter giving notice if required by law, upon the manicure of a default or anytime thereafter, fn addition, Beneficiary shall be entitled to all the remedies provided by law, the Evidence of Debt, other evidences of debt, this Decd of Trust and any related documents including without limitation, the power to sell the Property If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the Property as a whole or iu separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and intcoast of Toaster at such ratio and place as Trustee designates. 'Trustee shall give notice of sale including the time, terms and place of sale and a description of the properly to be sold as required by the applicable law in effect at the time of the proposed saLu. Upon sale of the property and to the extem not prohibited by law, '(lustre shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances sad interest thereon, said the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals m any deed of conveyance shall he prima facie evidence of the facts set forth therein. All remedies are distinct, cmtiutative and not exclusive, and the Beneficiary is emitted to all remedies provided at law or equity, whether expressly set forth or not. The acceptnuce by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and complete cure of any existing default. By not exercising any remedy on Trmvtor's default, Beneficiary does not waive Beneficiary's right to later consider the evert a default if it cuntlures or happens again. 18. EXPENSES; ADVANCES ON COVENANTS ATTORNEYS' FEES COLLECTION COSTS. Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of Trust. Train, will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring, preserving or protecting the Property or in any inventories, audits, inspections or other examination by Beneficiary in respect to the Property. Trustor agrees to pay all costs and expenses incurred by Beneficiary in rumoring or protecting Beneficiary's rights and remedies under this Deed of Trust, including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured Debt is fully and finally paid, Beneficiary agrees to release this Deed of 'first and 'Trustor agrees to pay for any recordation costs. All such amounts are due on demand and will hear interest from the time of the advance at the highest rate in effect, from lime to limn, as provided in the Evidence of Debt and as permitted by law. 19. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As resod in this section, (f) "Environmental Law' means, without Initiation, the Comprehensive Eaviromremm Response, Compersatton and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or hazardous material, waste, pollutant or communism which has characteristics which render the substance dangerous or potentially dangerous to the public health, safely, welfare or euvitunuent. The term includes, without limitation, any suhstancs defined as " hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Toaster represents, warrants and agrees that, except as previously disclosed and acknowledged in writing. A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the uedirary course of business and in strict compliance with all applicable Environmental Law B, Trustor has not and will not cause, contribute m, or permit the release of any Hazardous Substance on the Property . C. Trustor will immediately notify Beneficiary if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law c rearming the Property. In such an event, Trustor will lake all necessary remedial action in accordance with Environmental Law- .- Trustor has no knowledge of or remou to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any hazardous Subsume located on, under or about the Property; or (2) any violation by Trustor or any tenant of any Environmental Law. 'Trustor will immediately notify Beneficiary in writing as soon as 'Truster has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such am event, Beneficiary has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Trustor and every tenant have been, are and shall remain in full compliance with any applicable Lrocronmemal Law F, There are an underground storage ranks, private dumps or open wells located on or under the Property and no such tack, dump or well will be added unless Beneficiary first consents in writing. G Tri stor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with If. Trustor will permit, or cause any trout to permit, Beach, tary or Beneficiary's agent to enter suit inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance an, under or about the Property, (2) the exisence, Location, wrote, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Trustor and any teatat are in compliance with applicable Emimnmental l,aw. I_ Upon Beneficiary's request sad aL any thee, Trustor agrees, at '1'ruslor's expeose, to engage a qualified euvimnnremal engineer to prepare an environmental audit of the Property and to submit the results of such audit to Beneficiary. The choice of the environmental engineer who will premorn such audit is subject to Beneficiary's approval. 1. Beneficiary has die right, but not the obligation, to pertolm any of Toaster's obligations under this section at Trustor's expense_ K. As it emusequence of any breach of any representation, warranty or premise rtrade in this section, (1) 'Tmstor will indemnify and hold Beneficiary and Beneficiary's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, respome and remcdiatum costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Beneficiary and Beneficiary's successors or assigns may sustain; and (2) at Bearficary's discretion, Beneficiary may release this Deed of Trust and in return Tmstor will provide Beneficiary with collateral of at least equal value to the Property secured by this Deed of Trust without prejudice to any of Beneficiary's rights under this Deed of Trost. uyvvn ®18830anke,e 3ygam[. Ina. 11 ClouE. MN brtn c,1r -0i -N1 cal.11