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Property to action that adversely affects Beneficiary's interest; or (i) a prior lienholder forecloses on the
<br />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 the 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 the Beneficiary, advertise and sell the Property as a whole
<br />or 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 the
<br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs,
<br />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 prima
<br />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 Trustor's
<br />default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it 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 release.
<br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation
<br />and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations,
<br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety,
<br />® 1984 Wolters Kluwer Financial Services - Bankers Systems' Form USBBOCPDTNE 8/3/2012
<br />000007000323880000700032383
<br />2013065
<br />(page 5 of 7)
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