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201300492 <br /> 8. DEFAULT.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 /> Property. 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 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 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 Security Instrument; (e) a sole <br /> Trustor dies; (1) 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 Officers. Any Borrower is an executive officer 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. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security <br /> Instrument, Beneficiary 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 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, at the request of Beneficiary, advertise and sell the Property as a whole or <br /> in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear 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 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 <br /> the Property sold which conveys absolute title to the purchaser, and after first paying all 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 Beneficiary of any sum in payment or partial payment on the Secured Debt after the <br /> balance is due or is accelerated or after foreclosure proceedings 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 COVENANTS; ATTORNEYS' FEES; COLLECTION 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 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 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 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 /> Security Instrument-Open-End-Consumer-NE OCP-RED7-NE 7/2;2011 <br /> VMP®Bankers Systems. WP-C4651NE1 111071.00 <br /> Wolters Kluwer Financial Services®1994,2C11 Pace 4 of 6 <br />