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201009642
<br />11. ENVIRONMENTAL LAWS AND HAZARUOUS SUBSTANCES. As used in this section, (I) F..nviro��niental T.aw
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (c'1:12CLA, 42
<br />iJ.S.C. 9601 et seq.), and all other federal, state apo local laws, regulations, ordinances, court orders, attorney geueral
<br />opinions or interpretive letters concerning the publ'rc health, safety, welfare, environrnent or a hazardous substxnce; and (2)
<br />Ilazardous Substance meaus any toxic, radioactive or hazardous material, waste, pollutant or conta�nivant. which has
<br />charact.eristics which render the subatance dangerous or poteutially dan�;erous to the public health, safecy, welfare or
<br />cnvironment. Thc tcrm includcs, without limitation, any substanccs dclincd as "hazardous matcrial," "toxic substanccs,"
<br />"hazardous waste" or " hazardous substance" uuder any Envirovmcntal Law.
<br />'I'rustor represents, warranls and agrees lhal:
<br />A. �,xcep� as previousty disclosed and acknowledged i�� writi�ig to Be�aeficiary, no Hazardous Substance is or will bc
<br />locat��l, srored or released on or in the PropeMy. This restrictinia does ��nt apply to small quautities of Haza.raous
<br />Suhstance� thal are generally recogni�ed to he appropriale for the normal utie and maintenance of the Property.
<br />R. F,xcept as previously disclosed and acknnwledged in writing to I3eneficiary, Trustor aud every tenant have been, are,
<br />and shall remaiu in full coiYipliance with any applicable Environmental Law.
<br />C, Trustor shall immediately notsy �3eneficiary if a release or threatened release of a Hazardaus SuhStance occurs on,
<br />under or abnut the Property or there is a violation of any Environrnental Law conccrning the I'roperty. In such an
<br />event, 'I'rustor shall take all necessary remedial action in accordance with any Environmental Law.
<br />D. Trustor shall unmediately notify Beneficiary in writing as soon as Trustor has rcason to believe there is any pending
<br />or threatened investigation, claim, or prnceeciing relating to the release or threatened release of any Hazardous
<br />Substance or the violation of auy �nvironrncntal Law.
<br />12. ESCROW FOR TAXES AND IN5URANCE, i1►�Icss othcrwisc providcd in a scparatc agrccmcnt, '1'rustor will uot hc
<br />required to pay to Beneficiary funds for taxes and insurance in escrow,
<br />13. JOINT AND INDIVIDUAL I.IABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BQUND. All duties under
<br />this Security Instrument dre joint and individual, if Trustor signa this Security Instrume►rt but dc�eti not sign an evidence of
<br />deht, Trustor does So only to mortgage Trustor's interest in the Property to secure payment of thc Secured llebt and
<br />Trustor does not agree to be persoually Liable on the Secured Debt. If this Security Instrument secures a guaranty betweeu
<br />Beneficiary and '1'rustor, '1'rustor agrees to waive any rights that may prevent 13enef'iciary from bringing any actio�� or claun
<br />against Trustor or any party indebted under the obligation. These rights may include, but arc not lirnited to, any
<br />anti-deficiency or one-action laws. The dut'res and benefits of this Security Instrument shall bind and beuefit the successors
<br />and assigns of']'ruscor and Reneficiary,
<br />14. SEVERABII,TTY; INT�RPRETATION. This Security Instrument is complete and fully integrated. '1'his Securiry
<br />Instru�nent may not bc arncndcd or modified by �ral agreemcnt. Any section in this Securitq Instruxuent, attachments, or
<br />any agreement related to the Sccurcd Dcbt that conflicts with applicablc law will not bc cffcctivc, unlcss that law expressly
<br />or irnpliedly permits the variations hy written agreernent. If any section nf this Security Instrument cannot be enforced
<br />accordiug to its lertns, thai section will be severed and will not afPect the enforce�bility of the remainder c�f ttiis Security
<br />Ius�rwnem. Wheuever used, the siugular shall include �he plural aud the plural [he singular. '1'hc captiuns xnd headings of
<br />the sections of this Security lustrument are 1'or conveuience nnly and are not to be used to interpret or deline the terms ol'
<br />this Security Iustruinent. Tune is of the essence iu this Security Instrumeut.
<br />1S. SUCCESSOR TRUSTEE. Beneficiary, at Beueficiary's option, may from time to time remove Trustee ai�d appoint a
<br />successor trustee witlaout any other forniality thau tl�e de5ignation in writing. The successor trastee, without conveyance of
<br />the Property, shall succeed to all the title, power and dutics conferred upon Trustee by this Security Instrument and
<br />applicable law.
<br />16. NOTICE. [Tnless oiherwise required by law, any notice shall be given by delivering it. or by mailing it by first class ���ail
<br />to rhe appeopriatc party's address o�� page 1 oF this Sccurity Instrumcnt, nr to any nther address dcsignatcd in writin�;.
<br />Nnticc to onc trustor will bc decmcd to bc noticc ta all trustors.
<br />17. WAIVERS. �xcepl lo the extent prohibited hy law, Trusior wxives xll appraisement and homestead exemptio❑ rights
<br />relaling to the Properiy.
<br />18. LINE OF CREDIT. '1' he Secured Debt includes a revolviug line of credit. Al[hough the Secured Debt may he reduced to a
<br />zcrn halauce, lhis Security instrument will rernaiu iu effect until released.
<br />19. APFLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the
<br />extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations.
<br />� �C (��° go�6)
<br />(c)199¢ Woltars Kluwar Fina�ial5ervicas - 8anker6 Systam6 Form USBOCP-DT NE 8/24/2006 ��.L ��
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