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� 20110880i
<br />If there is a default, Trustee sha11, 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 highest
<br />bidder for cash and convey absolute title free and clear of a11 right, title and interest of Trustor at such time
<br />and place as Trustee designates. Trustee sha11 give notice of sale including the time, terms and place of sale
<br />and a description of the property to be sold a.s required by the applicable law in effect at the time of the
<br />proposed sa1e.
<br />Upon sale of the Properry and to the extent not prohibited by law, Trustee shall make a.nd deliver a deed to
<br />the Property sold which conveys absolute title to the purchaser, and after �rst paying a11 fees, cha.rges and
<br />costs, shall pay to Beneficiary a11 moneys advanced for repairs, taxes, insurance, liens, a.ssessments and prior
<br />encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if
<br />any, to Trustor. Beneficia.ry ma.y purchase the Property. The recitals in any deed of conveyance shall be
<br />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 equiry, whether or not expressly set forth. The acceptance by Beneficiary of a,ny sum in
<br />payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure
<br />proceedings are filed sha11 not constitute a waiver of Beneficia.ry's right to require �,complete cure of any
<br />existing defauit. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's
<br />right to later consider the event a default if it continues or happens again.
<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except
<br />when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor brea.ches any covenant
<br />in this Securiry Insttument. Trustor will also pay on demand any amount incurred by Beneficiary for
<br />insuring, inspecting, preserving or otherwise protecting the Properiy and Beneficiary's security interest.
<br />These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in
<br />effect as provided in the terms of the Secured Debt. Trustor agrees to pay a11 costs and expenses incuned by
<br />Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Securiry
<br />[nstrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal
<br />expenses. This Securiry Instrument shall remain in effect until released. Trustor agrees to pay for any
<br />recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SLTBSTANCE5. As used in this section, (1)
<br />Enviromnental La.w means, without limitation, the Comprehensive Enviromnental Response, Compensation
<br />and Liabiliry Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulaxions,
<br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety,
<br />welfare, enviromnent or a hazardous substa.nce; and (2) Haza.rdous Substance means any toxic, radioactive or
<br />haza.rdous material, waste, pollutant or contaminant which has characteristics which render the substance
<br />dangerous or poteatially da.ngerous to the public health, safery, welfare or enviromnent. The term iacludes,
<br />without limitation, any substances defined as "haza.rdous material," "to�cic substances," "hazardous waste" or
<br />"hazardous s�tbstance" nnder any Enviro�ental Law. `
<br />Trustor represents, warrants and agrees tha.t:
<br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substa.nce is
<br />or will be located, stored or released on or in the Property. This restrictioa does not apply to small
<br />quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use
<br />and ma.intenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tena.nt
<br />have been, are, and sha11 rema.in in full compliance with any applica.ble Enviromnental La.w.
<br />C. Trustor sha11 immediately notify Beneficiary if a release or threatened release of a Haza.rdous Substa.nce
<br />occurs on, under or about the Property or there is a violation of any Environmental La.w concerning the
<br />Property. In such an event, Trustor sha11 ta.ke all necessary remedial action in accorda.nce with any
<br />Enviromneutal La.w.
<br />D. Trustor shail immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is
<br />any peading or threatened investigation, claim, or proceeding relating to the relea.se or threa.tened
<br />release of any Haza.rdous Substance or the violation of any Enviro�ental Law,
<br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by
<br />private or public entities to purchase or ta.ke any or all of the Property through condemnation, eminent
<br />doma.in, or any other means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the
<br />above described actioas or claims. Trustor assigns to Beneficiary the proceeds of any award or cla.im for
<br />damages connected with a condemnation or other taking of a11 or any pa.rt of the Property. Such proceeds
<br />shall be considered payments and will be applied a.s provided in this Security Insttvment. This assig�ent of
<br />proceeds is subject to the terms of any prior mortgage, deed of trust, securiry agreement or other lien
<br />document.
<br />Security Irretrumerrt-Consumer-NE RE-DT-NE 7/1/2011
<br />VMP� Bankere SyetemsTM VMP-C166�NEry (1107).00
<br />Woltere Kluwer Financial Services OO 1994, 2011 Page 4 of 6
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