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<br /> 1 At the option of Beneficiary. all or any part of the agrced fees and charges, acxruetl interest and principal shal!become � � ,°�
<br /> • � im.,,e�i;arPty due and payable,after giving no*.ice if n�quired by law,utson the occunence of a default or anytime thereaRer. . � ;
<br /> In addition.Beneficiary shall be entitled to all the remedies provided by law,the Evidence of Debt,other evidences of debt. �_
<br /> ' this Deed of Trust and any related docuineats inciuding without limitation,che power to sell the Property. , ,'
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<br /> • If there is a default,Tn�stee shall,in addition to any other peimitted remedy,at ttte request of the Eeneficiary.advertise and _
<br /> sell the Property as a whol�or in separate parcels at public aucaon to the lughesc bidder for cash and convey absolute dde � r-
<br /> � free and clear of all right,ade and inteiest of Tnutor at such time and plarx as Txustee designates.Trnstee shall give aodce �
<br /> of sale including the time� terms and plac�of sale and a description of the property to be sold as required by the applicable =_
<br /> law in effect at the tims of the proposed sale.
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<br /> ; Upon saie of the property and to the extent not protribited by law,Trustee shall make and deliver a deed to the Froperty sold , `. `
<br /> 1 wlrich conveys absolute title to the purchaser, and after first paying all fees, charges and costs,shall pay to�eaeficiary all _
<br /> , moneys advanced for repaacs. taxes, insuranse,liens. assessments and prior enc�unbrances and interest thereon, and the . .
<br /> ' principai and interest on the Secured Debt. paying the sluplus, if any, to Tnutor. Beneficiary may purchase the Property. •
<br /> s The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. . �s: '-
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<br /> ` i qll remedies are distina, cumulative and not exclnsive, and the Benefcciary is entifled to all:eme�ies provided at law or �
<br /> equity,whether expressly set forth or not.The acceptance by Beneficiary of any sum in payment or partial payment on the ,;:•.�•��._=
<br /> Secured Debt after tlie balance is due or is accelerased or after foreclosure proceedings are filed sha11 not constitute a waiver • •.:,�;;_`.,��.. �--
<br /> �� of Heneficiary's right to require full and complete cure of any existing default.By not exercising any remedy on Tmsior's . `., "'.�`°""
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<br /> default,Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. �%�:;�; `��
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<br /> � � a�.EXFENSES;ADVANCES ON COVENANTS;A�RNEYS'FEES;COLLECfION COSTS.Faccept when prnhibited . . • ,•, ,����`
<br /> ' f by law,Truscor agrees co pay all of Beneficiary's exv�nses if Tmstor breaches any coven�i in this Deed of Tn�st.Trustor .. _ °� --
<br /> : � c�-ill also pay on demand aIl of Beneficia�'s expenses incurred in collecting,insuring,Preserving or protecting the Pcoge� -:--���.:
<br /> - � or in any iuventories, audits,inspections or other examination by Beneficiary in respect to the Property.Trustor agre�s ta x �_
<br /> � pay all oosrs and expenses incmred by Beneficiary m enfo�sing or protecting Beneficiary's rights and nemedies under�:s ��=-- —
<br /> • Deed of Tnut,including,but not limited to.attomeys'fees,court costs,and other legal eapenses.Once the Secured Debt is ' ��� •.;� _
<br /> '�':a, ' 'r. �. . _ .
<br /> . j futly and finally paid,Beaefrciary agrees to retease this Dced of Tmst and Tmstor agrees to pay for any recordatioa cost�s.
<br /> ' � All such amounts are due oa demand and will bear interest from the time of the advance ai the highest rate in effect, from - - `°�' , � • �
<br /> rime to time,as pmvided in the Evidence of Debt and as germitted by law. E . �'� .• '-- ,
<br /> ' S�.E1WatONMENTAL LAWS AND HAZARDOUS S[JBSTANCFS. As used nn this secrio�, U) "Environmental Laa+" � " 1.�� � ; ' . -
<br /> �eans, arithout limitation, the Comprehensive Eavironmental Response. Comp�nsation and Liability Act (CERCLA,42 � • �
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<br /> U.S.C.9601 et seq.),all other federal,state and lacal laws,regulations,ordinances,coart orders,attorery genezal opinions •�
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<br /> . or interpreiive letters conceming the public health, safety, welfare, environment or a hazardous substance; and (2) " �_, i � �-;
<br /> • . "Ha�ardoa�s Substance" means any toxic. radioactive or ha7ardous material, waste, PoUurasu ar contaminant which h:� ••i;. #;{ �.
<br /> � characteii�^tics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or �����;' �` `
<br /> � enviroam��t. The term includes. without limitation, any substances defined as "hazardons material," °touc substaaces." - --- .�'�`�e- ,:,i�, • —
<br /> � "ha�ardo�s waste" or "ha�ardous substance" under aay Environmental Law. Tn�swr represents,warrants an d ag�s t h a t, ^ 1�,
<br /> _�. except�pn�±oncly disclosed and acknowledged in writing� -.._:.a�,.. `��--
<br /> is or will be located rted,manufactured,tteated, re5ned.or handled by . �:-�'
<br /> A. No Hazardous S�bstance has been, ,transpo .��r,�-,
<br /> • any person on,under or alsout the Property.except in the ordinary course of bnsiness and in strict compliance with �,�. .;� .�—..--
<br /> � • all applicable Environmental Law.
<br /> B. Tnistor has not and will not cause,contribute to,or pecmit the release of any Hazardous Substance on the Progerty. '. '�,:�.'�''.`�-
<br /> ' C. Trustor will immediately notify Beneficiary if(1)a release or tlueatened release of Ha7ardous Substance aauis on, � . ; • :�,:;
<br /> ' uader or about the Proptcty or migates or threatens to migrate from nearby property;or(2)there is a violation of • �
<br /> �� any Environmental Law conceming the Property.In such au event,Tnutor will take all necessary remsdial action in ... `. . :�; �":
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<br /> s� accnrdance with Environmental Lav�. <_ '" ;'"�:
<br /> D. Trustor has no knowledge of or reason to believe there is any pending or threa:ened investigation, claim, ot � `'�����,,,.�
<br /> proceeding of any kind relating to(1)any Hazardous Substance located on,under or about the Pa��esty;or(2)any . `.� ` � �
<br /> , violation by Trustor or any tenant of any Environu�ental Law.'iCrustor will immediately notify Beneficiary in writing �•• • , ����•��
<br /> as soon as Tnutor has reason w believe there is any such pending or threatened investigation,claim,or proceeding. . . �.';r�• �'- —
<br /> • � In such an event.Beneficlary I�as the right,but not We obligaaon,to participate in any such proc�ding including the , � �
<br /> � right to receive copies of any documents relating to such proceeclings. • �k�`" ��
<br /> E. Trustor and every tenant have been.are aa�shall remain ia full compliznce with any applicable Environmental Law. • _
<br /> �` F. Thete are no underground storage tanks,private dumps or open aells located on or under the Property and no such , • ' , ' . =
<br /> ' tank,dump or well will be added nnless Beneficiary fitst consents in writing. �
<br /> • i G. Trustor will regularly inspect the Propecty, monitor the zctiviries aud operarions on the Property, aad confirm that •
<br /> all pernuts,licenses or approvals tequired by any applicable Envimnmental Law are obtained and complied with. � � ��'
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