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20110845� <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, <br />(1) Environmental Law means, without limitaiion, the Camprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local <br />laws, regulations, ordinances, court orders, attorney general' opinions or interpretive letters concerning the <br />public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any <br />toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which <br />render the substance dangerous or potentially clangerous to the public health, safety, welfare or environment. <br />The term includes, without limitation, any substances defined as "hazardous material," °toxic substances, ° <br />"hazardous waste° �r "hazardous substance" under any Environmental Law. <br />Trustor represents, warrants and agrees thar. <br />A. Except as previously disclosed and acknowledgeQ in writing to Beneficiary, no Hazardous Substance is <br />or will be located, stored or released on or in the Froperty. This restriction does not apply to small <br />quantities of Hazardous Substances that are generally recognized to be appropriate for the nortnal use <br />and maintenance of the Property. <br />B. Except as previously disclosed and ackn�wledged in writing to Beneficiary, Trustor and every tenant <br />have been, are, and shall remain in fuil compliance with arty applicable Environmental Law. <br />C. Trustor sha�l immediately notify Bene�ciary if a release or threatened release of a Hazardous Substance <br />occurs on, under or about the Property ar there is a violation of any Environmental Law concerning the <br />Property. In such an event, Trustor shall take all necessary remedial action in accordance with any <br />Enuironmental Law. <br />D. Trustor shaii iznmediately notify Bene�ciary in writing as soon as Trustor has reason ta believe there is <br />any pending or threatened investigation, claim, or proceeding relating to the release or threatened <br />release of any Hazardous 5ubstance or the violation of any Environmental Law. <br />12. ESCROW FOR TAXES AND INSiJRANCE. Unless otherwise provided in a separate agreement, Trustor <br />will not be required to pay to Beneficiary funds for taaces and insurance in escrow. <br />13. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCE5SORS AND ASSIGNS BOUND. All <br />duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but <br />does not sign an evidence of debt, Trust�r does so only to mortgage Trustor's interest in the Property to <br />secure payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If <br />this Security Instrument secures a guaranty between Beneficiary and Trustor, Tnzstor agrees to waive any <br />rights that may prevent Bene�ciary from bringing any action or claim against Trustor or any party indebted <br />under the obligation. These rights may inelude, but are not limited to, any anti-deficiency or one-action laws. <br />The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Trustor <br />and Benefieiary. <br />34. S�VERc�BIL��'�'; I3�1'���2ET4�'IO�i. ' This see�: Instrume�i is �orripl�te a�� full;� a�stegrate�. This <br />Security Instrumen� may not be amended ar modified by oral agreement. Any section in this Security <br />Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will <br />not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any <br />section of this Security Instrument cannot be enforced according to its terms, that section will be severed and <br />will not affect the enforceability of the remainder af this Security Instrument: Whenever used, the singular <br />shall include the plural and the plural the singular. The captions and headings of the sections of this Security <br />Instrument are for convenience only and are not to'�be used to interpret or define the terms of this Security <br />Instrumsnt. Time is of the essence in this Security Instzument. <br />15. SUCCESSOR TRUSTEE. Bene�ciary, at Beneficiary's option, may from time to time remove Trustee and <br />appoint a successor trustee without any other formality than the designation in writing. The successor trustee, <br />without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by <br />this Security Instrument and applicable law. <br />16. NOTICE. Uniess otherwise required by law, any notice sha11 be given by delivering it ar by mailing it by <br />�rst class mail to 1he appropriate party's address on page 1 of this Security Instrument, or to any other <br />address designated in writing. Notice to one trustor will be deemed to be notice to all trustors. Trustor and <br />Beneficiary �ereby request a copy of any notice of default, and a copy of any notice of sale thereunder, be <br />mailed to each party at the address for such party set forth on page 1 of this Security Instrument. <br />17. WAIVERS. Except to the extent prohibited by law, Tn�stor waives all appraisement and homestead <br />ex,mption rights relating to the Property. <br />18. LINE OF CREDIT. T'he Secured Debt includes a revolving line of credit. Although the Secured Debt may <br />be reduced to a zero balance, this Security Instrument will remain in effect until released. <br />Security Instrument-Open-End-Consumer-NE OCP-REDT-NE 7/2/20T1 <br />VMP� Bankers SystemsTM � VMRC4651NE) (1107).00 <br />Wolters Kluwer Financial Services �t 994, 2011 Page 5 of 6 <br />. ...._..__. <br />