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201209882 <br /> S. IDEFAIJLT.Trustor will be in default if any of the foilowing occur: <br /> �raud. Any Consumer Sorrower enga;es in fraud or material misrepresentation in connection with the <br /> Secured Debt that is an open end home equity plan. <br /> Payanents.Any Consumer Borrower 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 or <br /> Beneficiary's rights in the Properry. This includes, but is not limited to, the following: (a) Trustor fails to <br /> maintain required insurance on the Property; (b)Trustor transfers the Property; (c)Trustor commits waste or <br /> otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects <br /> Beneficiary's security; (d) Trustor fails to pay taxes on thc Propczty or odienvise fails to act and thereby <br /> causes a lien to be filed against the Property that is senior to the lien of th3s Security dnstrument; (e) a sole <br /> Trustor dies; (fj if more than one Trustor, any Trustor dies and Beneficiary's security is adversely affected; <br /> (g)the Property is taken through eminent domain;(h)a judgment is filed against Trustor and subjects Trustor <br /> and the Property to action that adversely affects Beneficiary's interest; or(i)a prior lienholder forecloses on <br /> the Property and as a result,Beneficiary's interest is adversely affected. <br /> Executive Offacers. Any Borrower is an executive officei of Beneficiary or an affiliate and such Borrower <br /> becomes indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted <br /> under federal laws and regulations. <br /> 9. REl!'d]EDIE5 ON IIEFAULT. In addition to any other remedy available under the terms of this Security <br /> Instrument, Eeneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner <br /> provided by-law if Trustor is in default. In some instances, federal and state law will require Beneficiary to <br /> provide Trustor with notice of the right to cure, or other notices and may establish time schedules for <br /> foreclosure actions. 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 Seccion 1 above. <br /> At the option of Seneficiary, all or any part of the 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 thereaftez. <br /> If there is a default, Trustee shall, at the request of Beneficiary, advertise and sell the Property as a whole or <br /> in separate pazcels at public auction to the highest bidder for cash and convcy absolute title free and clear of <br /> all right,title and interest of Trustor at such time and place as Trustce designates. Trustee shall give notice of <br /> sale inciuding the time,terms and place of sale and a description of the property to be sold as required by the <br /> appiicable law in effect at the tune of rhe proposed sale. <br /> Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed to <br /> the Property sold which conveys absolute tide to the purchaser, and after first paying all fees, chazgcs and <br /> costs, sha11 pay to Beneficiary all moneys advanced for repairs,ta�ces,insurance,liens, asscssments and prior <br /> encumbrances and interest thereon, and the principal and interest on the Secured Debt,paying the surplus, if <br /> any, to Trustoz. Beneficiary may purchase the Properry. The recitals in any deed of conveyance shail be <br /> prima facie evidence of the facts set forth therein. <br /> The acceptance by Beneficiary o£any sum in payment or paztial payment on the Secured Debt after thc <br /> balance is due or is accelera[ed or after foreclosure pzoceedings are filed shall not constitute a waiver of <br /> Beneficiary's right to require comple[e cure of any existing default. By not exercising any remedy on <br /> Trustor's default, Beneficiary does not waive IIeneficiary's right to later consider the event a default if it <br /> happens again. <br /> 10. EXXPENSES; ADVANCES ON COVENANTS; r�'i"PORNEXS' k'EES; COLLEC'i'ION COSTS. If <br /> Trustor breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary <br /> incurs in performing such covenants or protecting its security interest in the Psoperty. Such expenses include, <br /> but aze not limited to, fees incurred for inspccting, 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 fu11 at[he 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 Uy Beneficiary in collecting, enforcing or protecting <br /> Beneficiary's rights and remedies under this Security Instrument.This amount may include,but is not limited <br /> to, Trustee's fees, court costs, and other legal expenses. To the extent permitted by the United States <br /> Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the <br /> Secured Debt as awazded by any court exercising jurisdiction under the Baukruptcy Code. This Security <br /> Instrument shall remain in effect untii released. Trustor agzees to pay for any reeordation cosCs of such <br /> release. <br /> � <br /> Security Instrument-Open-End-Consumer-NE OCP-REDT-NE 7/2/2011 <br /> VMP�Bankers Systems'R^ ' VMP-C465(NE) (1107�A0 <br /> lNolters Kluwer Financial Services 91994,2�1� Page 4 of 6 <br />