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r � � 9S 1��3815 <br /> 14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor <br /> will be in default if a breach ocacurs under t�e fier�s of this Security Instrument or any other document executed for the <br /> purpose of creating, securin or guarantying-the Secured Debt. A good faith belief by Beneficiary that Beneficiary at an <br /> time is insecure with respect�o an�!persbn or`entity obligated on the Secured Debt or that the prospect of any payment o <br /> the value of the Property is impaired shall also constitute an event of default. <br /> 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor with <br /> notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these <br /> limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument zn a manner <br /> provided by law if Trustor is m default. <br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br /> immediately due and payable, after giving notice if required by law, upon the occunence of a default or anytime <br /> thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt, <br /> this Security Instrument and any related documents, including without limitation, the power to sell the Property. : <br /> If there is a default, Trustee shall, in addition to any other pernutted remedy, at the request of the Beneficiary, advertise <br /> and sell the Property as a whole or in se�arate pazcels at public auction to the highest bidder for cash and convey absolute <br /> I title free and clear of all right, title and mterest of Trustor at such time and place as Trustee designates. Trustee shall give <br /> notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the <br /> applicable law in effect at the time of the proposed sale. <br /> Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property <br /> sold which conveys absolute title to the purchaser, and after first paying all fees, chazges and costs, shall pay to <br /> Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest <br /> thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may : <br /> purchase the Property. The recitals in any deed of conveyance shall be 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 provided at law or <br /> equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum in payment or partial payment on the <br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a <br /> waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's <br /> default, Beneficiary does not waive Beneficiary's 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 when <br /> prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security : <br /> Instrument. Trustor will also pay on demand any amount mcuned by Beneficiary for insuring, inspecting, preserving or <br /> otherwise protecting the Property and Beneficiary's security interest. T'hese expenses will beaz interest from the date of the <br /> payment unril paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees <br /> to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br /> remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and <br /> other legal expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any <br /> recordation costs of such release. <br /> 17. ENVIRONMENTAL LAWS AND FIAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 <br /> U.S.C. 9601 et seq_), and all other federal, state and local laws, regulations, ordinances, court orders, attomey general <br /> opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazazdous substance; and(2) <br /> Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br /> chazacteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br /> environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br /> "hazardous waste" or "hazardous substance" under any Environmental Law. <br /> Trustor represents, warrants and agrees that: <br /> A.Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be <br /> located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous <br /> Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br /> B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are, <br /> and shall remain in full compliance with any applicable Environmental Law. <br /> C.Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, <br /> under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an <br /> event, Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br /> D.Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending <br /> or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous <br /> Substance or the violation of any Environmental Law. <br /> 18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public <br /> entities to purchase or take any or all of the Property through condemnation, etnment domain, or any other means. Trustor <br /> authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to <br /> Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any <br /> part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security <br /> Instrument. This assignment of proceeds is subject to the tern�s of any prior mortgage, deed of trust, security agreement or <br /> other lien document. <br /> 19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably <br /> associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the <br /> periods that Beneficiary requires. The insurance canier providing the insurance shall be chosen by Trustor subject to <br /> Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described <br /> above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Bene�ciary's rights in the Property according <br /> to the terms of this Security Instrument. <br /> All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, ' <br /> where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the <br /> insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall <br /> immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give <br /> immediate notice to the insurance carrier and Beneficiary. Bene�ciary may make proof of loss if not made immediately by <br /> Trustor. <br /> (page 3 of 41 <br /> m1994 Bankers Systems,Inc.,St.Cloud,MN (1-800397-2341) Form RE-DT-NE 10/27/97 <br />