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201209560 <br /> 8. DEFAULT.Trustor will be in default if any of the following occur: <br /> Fraud. Any Consumer Bonower engages in fraud'or material misrepresentation in connection with the <br /> Secuzed Debt that is an open end home equity plan. <br /> Payments.Any Consumer Sorrower on any Secured Debt that is'an open end home equity plan fails to make <br /> a payment when due. <br /> Property. Any action or inaction by the Borrower or Trustor occurs'that adversely affects the Property ar <br /> Beneficiary's rights in the Properiy. This includes;'but is not lirnited to;'the following: (a) Trustor fails to <br /> maintain required insurance�n the Properry; (b)Trustor transfers the Property; (c)Trustor commits waste or <br /> otherwise des[ructively uses or fails to maintain the Propeny such that the action or inaction adversely affects <br /> 'Beneficiary's securiry; (d)Trustor'faiis to pay'taxes on the Property or otherwise fails to act and thereby <br /> causes a lien to be filed against the Property that is senior to the lien of this Securiry Insmunent; (e) a solc <br /> Trustor dies; (�if more than one Trustor, any Trustor dies and Beneficiary's security"is adversely affected; <br /> (g)the Property is taken through eminenf domaui;(h)a judgment is filed againsf Trustor and subjects Trustor <br /> and the Property to action that adverselyaffects Beneficiary's interest; or(i)apriorlienholder forecloses on <br /> the Property and as a result,Beneficiary's interestis adversely affected. <br /> �xecutive Officers.'Any Borrower is"au executive officer of Beneficiary or an=affiliate"and such Borrower <br /> becomes indebted to Beneficiary or another lendex in an aggregate amount greater than the amount perxnitted <br /> under federal laws and regulations: <br /> 9. I2EMEI)I�+S ON DEFAUI.1'. In addition ro any other remedy available under the terms of this 8ecurity <br /> Instrument,Beneficiary may accelerare'the Secured Debt`and foreclose this 5ecurity Znstrument is`a manner <br /> providcd by law if Tzustox 3s in'default. In somc instances, federal and state law will rcquire Beneficiary to <br /> pzovide Trustor with notice of chc right to cure,`or other notices and may establish tisne schedules for <br /> foreclosure actlons. Each Trustor requests a copy of any notice of default and any notice of sale thereunder be <br /> mailed to each Trustor at the address provided in Section 1 above. <br /> At the option of Beneficiary, a11 or any part ofthe agreed fees and charges, accrued interest and principal <br /> shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a <br /> default or anytime thereafter. <br /> If there is a default, Trustee shall,af the request of Beneficiary, advertise and sell the Property as a whole or <br /> in sepazate parcels at public auction to the highest biddcr for cash ai�d convey absolute title£zee and clear of <br /> atl right,title and interest of Trustor at such tnne and place as Trustee dcsignates. Trustee shall give notice of <br /> sale including the time,tercxts aad place of sale and a description of ttxe property to be sold as required by the <br /> appiicable law in effect at the time of the proposed sale. <br /> Upon sale of the Property and to the extent not proh3bated by law, Trustee shall make and deliver a deed to <br /> the Pzoperty sold which conveys absolute xitle to the purchaser, and after first payzng all fees, chazges and <br /> costs, shalT pay to Beneficiary all moneys advanced for repairs,tases,insurance,liens, assessments and prior <br /> encuznbzances and interest thereon, and the principal and interest on the 5ecured Debt,paying the surplus, if <br /> any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be <br /> prima facie evidence of the facts set forth therein. <br /> The acceptance by Beneficiuy,of any sum in payment or partial payment on the Secured Aebt after the <br /> balance is due or is accelerated oz after foreclosure proceedings are fzled shall not constitute a waiver of <br /> Beneficiary's right to require compietc cucc of any existing default. By not exercising any-remedy on <br /> Tzustor's default, Beneficiary does not,waive Beneficiary's,right to-later considez tbe evenc a default if it <br /> happens again. <br /> 10. EXPENSES; ADVA.NCES ON GOVENAN'i'S; ATTORNEYS'<FEES;;COLLECTION COSTS. If <br /> Trustor breaches any covenant in this Security Instrument,;Tmstor agrees to pay all expenses Beneficiary <br /> incurs in performing such covenants or protecting-its security interest in the Property. Such expenses include, <br /> but are-not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and <br /> Beneficiary's security interest. These expenses are payable on demand and will bear interest from the date of <br /> payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. <br /> Trustor agrees to pay:all costs and expenses incurred by Beneficiary in collecting; enforcing:or protecting <br /> Beneficiary's rights and remedies under this Security Instrument.This amount may include,but is not lnnited <br /> to; Trustee's fees, coun costs, and other legal expenses. To the extent permicted by the United States <br /> Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the <br /> Seeured Debt as awazded by any court exercising jurisdiction under the Bankiuptcy Code. This Security <br /> Instnunent shall'remain in effect until released: Truston agrees to pay for-any recordation costs of`such <br /> release: <br /> ��� � <br /> �� <br /> Securl[y InstrumenGOpen-Entl-Consumer-NE OCP-PEDT-NE 7/2/2011 <br /> VMPO��Ban',eers Syscemsnn VMP-C465(NE1 f11071.00 <br /> Wolters Kluwer Financial Services�!994,?.0'�1 � Page a of 6 <br />