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201210498
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Last modified
7/20/2017 10:04:55 AM
Creation date
12/11/2012 4:13:58 PM
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DEEDS
Inst Number
201210498
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201210498 <br /> �. I3E�'�LgJY��'e Trustor will be in default if any of the following occur: <br /> Frauc3. Any Consmner Sorrower engages in fraud or material misrepresentation in connection with the <br /> Secured Debt that is an open end home equity plan. <br /> Paymeabts. 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 Borrowez or Trustor occurs that adversely affects the Property or <br /> Beneficiary's rights in the Property. This includes, but is not limited to, the following: (a) Trustor fails to <br /> maintain required insurance on the Property; (U) Trustor transfers the Property; (c) Trustor coiu.mits waste or <br /> otherwise destructively uses or fails to maintain the Property such that the actiou or inaction adversely affects <br /> Beneficiary's security; (d) Trustor fails to pay taxes on the Proper�y or otherwise fails to act and thereby <br /> causes a lien Co be filed against the Property that is senior to the lien of this Security Instiument; (e) a sole <br /> Trustor dies; (i� if more thau one TrusCor, 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 Ihat 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 /> Execo.ntiae Of#'ieers. Any Borrower is an executive officer of Seneficiary or an affiliate and such Borrower <br /> bccomes indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted <br /> under federal laws and regulations. <br /> 9• IZL+:Ni�I3I�S ON DE�'ALJI.T. In addition to auy other remedy available under the terms oP this Security <br /> InstrutnenC, Beneficiary inay accelerate the Secured DeUt and foreclose this Security Insh-ument ui a manner <br /> provided by law if Trustor is in default. In some instances, federal aud state law will require Beneficiary to <br /> provide Trustor with notice of the right to cure, or other notices aud 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 Section 1 above. <br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal <br /> shall becoine imrnediately due and payaUle, after giving notice if rcquired Uy law, upon the occurrence of a <br /> default or anytune thereafter. <br /> If there is a default, Trustee shall, at the request of Seneficiary, advertise and sell the Property as a whole or <br /> in separate parecls at public auction to the highest Uidder for cash and convey absolute title free and clear of <br /> all right, title and interest of'd'rustor at such time and place as Trustee designates. Trustee shall give notice of <br /> sale including the time, texms aud place of sale and a description of the property to be sold as required by the <br /> applicaUle law in effect at the time of the proposed sale. <br /> Upon sale of the Property and to the extent not prohiUited by law,.Trustee shall make and deliver a deed to <br /> the Property sold which conveys absolute titl"e to the purchaser, and after first paying all fees, charges and <br /> costs, shall pay to Beneficiary all moneys advanced for repairs, ta�ces, insurance, liens, assessments and prior <br /> cncumbrances and interest thereon, and the principal and interest on the Secured DeUt, paying ihe 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 thereili. <br /> The acceptance by Beneficiary oP any sum in payment or partial payment on the 5ecured Debt after the <br /> balance is due or is accclerated or after foreclosure proceedings aze filed shatl no[ constitute a waiver of <br /> Seneficiary's right to require complcte cure of any existing default. By not exercisiug any remedy on <br /> Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it <br /> happens again. <br /> 10. �X�'E+NSES; ALDVANC�;S ON COVEN�,N'�S; A'I"I'0121VEYS' P+�;ES; COL%,�CB'ION COSTS. If <br /> Trustor breaches any covenant in lhis Security Instrument, Trustor agrees to pay all expenses I3eneficiary <br /> incurs in perfonning such coveiaants 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 beaz interest from the date of <br /> paymezit 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 InsriZunent. 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 Bcncficiary incurs to collect the <br /> Secured Debt as awarded by auy court exercising jurisdiction under the Baulcruptey Code. This Security <br /> Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of such <br /> release. <br /> �l�� � <br /> Security Instrument-OpernEnd-Consumer-NE OCP-RE�T-NE 7/2/2011 <br /> vMP�13ankers SystemsT^^ vMP-C465(NE) (1107).00 <br /> Wolters Kluwcr Financlal Services 01994,2011 . Page 4 of 6 <br />
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