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201210885 <br /> S. DEFAiJY�T.Trustor will be in default if any of the following occur: <br /> Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the <br /> Secured Debt that is an open end home equity plan. <br /> Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make <br /> a payment when due. <br /> Propert��. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or <br /> Beneficiary's rights in the Property. This includes, but is not limiCed 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 ta�ces on the Property or otherw�se fails to aet and thereby <br /> causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole <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 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 licnholder forecloses on <br /> the Property and as a result,Beneficiary's interest is adversely affected. <br /> Executive Of�cers. Any Borrower is an executive officer of Beneficiary or an affiliate and such Bonower <br /> becomes indebted to Bencficiary or anocher lender in an aggregate amount greater than the amount permitted <br /> under federal laws and regulations. <br /> 9. REMEDdES ON DEFAiJLL'i'. In addition to any other remedy available under the terms of this Security <br /> Instrumeni, Beneficiary may accelerate the Secured DeUt and foreclose this Securiry 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 /> providc 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"Cmstor 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 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, ac the request of Seneficiary; advertise and sell the Property as a whole or <br /> in separate pazcels at public auction to the highest bidder for cash and convey absolute title free and cleaz of <br /> all right,title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of <br /> sale including the time,terms and place of sale and a description of the propeny to be sold as required by the <br /> applicable law in effect at the time of the proposed sale. <br /> Upon sale of the Properry and to the extent not prohibited by law, Trustee shall make and deliver a deed to <br /> the Property sold which conveys absolute title to the purchaser, and after first paying ali fees, charges and <br /> costs, shall pay to Beneficiary all moneys advanced for repairs,taxes, insurance,liens, assessments and prior <br /> encumbrances and interest thereon, and the principal and interest on the Secured 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 Debt after the <br /> balance is due or is accelerated or after foreclosure procecdings are filed shall not constitute a waiver of <br /> Beneficiary's right to require complete cure of any existing default. By not exercising 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. EXPENSES; ADVANCES ON Cf)VEN�TS; ATTOI2NEYS' �E�S; COLLECT'ION COSTS. If <br /> Trustor breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Sene£iciary <br /> incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, <br /> but aze not limited to, fces incurred for inspecting, preserving, or otherwise pratecting 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 Securiry InstrumenY.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 attomeys' fees Beneficiary incurs co collect the <br /> Secured Dcbt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security <br /> Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of such <br /> release. <br /> Secufityln5trtiment-Open-Eny-Consumer-NE OCP-REOT-NE 7/2i20t7 <br /> VMPO Bankers Systems^^ VMP-C4651NU (1107).0� <br /> Wolters Kluwer Financiai Services�'994,20�1 Page 4 of 6 <br /> �� <br /> Rt ,� <br /> IR�,k <br /> _,� <br /> �� <br />