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201401054 <br /> 8. DEk`AU1.'T.Trustor will be in defaulE if any af the following occur: <br /> Fraud. Any Consunaar Barrower engages in fraud or materia! tnisrepresentation in conuection with the <br /> Secured Debt that is an operi end home equicy plan. <br /> Payments.Any Consumer Borrower on any Secured Debt that is az�open end ho�e equi[y plan fails to malce <br /> a payment when due. <br /> Properly. Any acEion ox inaction by the Borrower or'�rusto[occurs that adversely af€ects ihe Property or <br /> Bene�ciary's rights in the E'roperty. This inctudes, 6uE is not luuited to, the fallowing: (a)Trustor fails to <br /> �naintain required insurance on[he Praperty;(b)T�rustor transfers the Property;(c)Trustor commits waste or <br /> otherwise destxuctively uses or faiis to maintain the Pxopezty sach Ehat the action or inaction advezsely affects <br /> Beneficiary's security; (d) Teustor fails to pay taxes oa the Property or ott►erwise fails to aet and thereby <br /> causes a Iien to be�led against the Property that is senior to the lien af this Security Insuume�i; {e)a soie <br /> TnEstor dies; (�if more than one'1'rustor, any Trustox dies and Benefic9ary's security is adversely affected; <br /> (g)the Property is taken through eminent domain;{h)a judgment is Ciled against Trustor and subjects Trustor <br /> and the Property to action that adversefy affects Beneficaary's interest;or{i)a prior lienholder forecloses on <br /> the Property a�d as a result,Bene�ciary's interest is adverse[y af�'ected. <br /> Executi�e Officers. Any Bo�ower is an executive officer vf Bene�'iciary oz an affiliate and such Borrower <br /> becnmes indebted to Bene�iciary ox an.other lender in an aggregate amount greater than tbe acnount permitted <br /> under federal laws and regulations. <br /> 9. RE�IEAI�S OlY DLk'ACfLT. In addition to any othec remedy availahle under the terms of this Sec.urity <br /> Instn�ment, Bene�ciary may accelerate the 5ecured Debt and foxeclose tt�is Security Instnunent in a mannar <br /> provided by kaw i£Tirustor is in default In some instances,fedeeal and state law wi11 require Heneficiary to <br /> provide Trustor wikh noEice of the right to cure, or at3�er notices and may establish time scheciules for <br /> fnreclosure actions. Each Trusior requests a copy of any notice of default and ar�y notice o£sale thereunder be <br /> mailed to each Trustor at the addxess pxovided in Secunn 1 above. <br /> At the option of Benaficiaxy, atl or any part of tlte agread fees and chazges, accxued interest and principaE <br /> shall 6ecome immediateEy due and payabfe, after giving notice if mquired by law,upon the occurrence of a <br /> default or anytime thereafter. <br /> If there is a default,'i'rustee sha{I,at the request of Bene�ciary,advertise and se11 the Property as a whoEe or <br /> in sepaxate parcels at public auction to the highest bidder for cash and convey absolute title fece and cleaz of <br /> all right,title and interest of'1'rustar at such t�ne and place as Trustee designatcs.Tntstee shall give notice of <br /> sale including the time,terms and place of sale and a description of the property to be sold as xequi�by the <br /> applicable taw in effect at the time of the proposed saEe. <br /> Upon sale of the Property and to the extent not pzohibited by law,Trustee shatl make and fleliver a deed to <br /> the Property sold which conveys absolute titEe to the puxchaser, and after fizst paying atl fees, charges and <br /> costs,shall pay to Beneficiary alE moneys advanced for regairs,taxes,insurance,laens,assessznez►ts and prior <br /> encurnbrances and interest therean,and the pri�cipal and interesf on the Secured Debt,paying the surplus, if <br /> any, to Trustor. Bene�ciary may puechase the Propeety. The reeitals in any deed of conveyance shall be <br /> prima facie evid�nce of the facts set forttA tlaerein. <br /> The acceptance by Bcr�eficiary of any suzn in gayment or partial payment on the Secnred Debt after Ehe <br /> ba�ance is due or is accelerated az aRer foreclosure proceedings are fled shail not constitute a waiver of <br /> Bene�ciary`s right to require wmpleEe c�cre of any existutg defauEt. By not exercising any remedy on <br /> Trustor's default, Beneficiary does not waive Bene€'iciary's righE to later consider the evenE a 8efault if it <br /> happens again. <br /> 10. �IC3'�NS�S; t#�VANC�S (}N C()V�NA.�CI'S; A,TTO�XS' k�&5; COL�.�C'1'[ON C()S'�S. If <br /> Trustar breaches any covenant in this Security Instrument, Trustor agrees to pay all ezpenses Benafeciary <br /> incurs in perfornting saeh eovenants or prateeting its secuciry interest in the Property.5uch expenses include, <br /> but are nvt limited to, fees incu�red for inspecting, pceserving, ar otherwise protecting the Property and <br /> Beneficiaxy's security interest.These expenses aze payable on demand and will bear interest from the date of <br /> payment until paid in full at Ehe highest rate of iatexest in effect as provided in the texms of FEie Secured Debt. <br /> Trusror agrees to pay akl costs and expenses incurred by Benefciary in collecting, enforcing ox protecting <br /> Sene�ciary's rights and re►nedies u�der this 5ecurity 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 Uniced States <br /> Bankruptcy Code, Trustor agrees ta pay the reasonable attorneys' fees Beneficiary incuxs to wllect che <br /> Secured Debt as awardeQ by any court exercising jurisdiction under the Bankruptcy Code. 'I'lais Security <br /> Instrument shaEl remain in effecc until released. 'Frustor agrees to pay for any recordatio�n costs of such <br /> refease. <br /> SewiNyfnatrumerHAperrEM-Consumer-NE OCP-REOT•NE 712f20H <br /> VMP�9ankera Systsme^' VMP�G4651NE1 f110YI.00 <br /> Wdte�e Kluwer flraxlel Servlces 01994,2011 PaBa 4 uf 8 <br />