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<br /> 14. DEFAiJLT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor
<br /> will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the
<br /> purpose of creatin�, securing or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any
<br /> time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or
<br /> the value of the Property is impaired shall also constitute an event of default.
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<br /> 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor with
<br /> notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these
<br /> limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner
<br /> provided by law if Trustor is in default.
<br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become
<br /> immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime
<br /> thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt,
<br /> this Security Instrument and any related documents, including without limitation, the power to sell the Property.
<br /> If there is a default, Trustee shall, in addition to any other permitted'remedy, at the request of the Beneficiary, advertise
<br /> •. .and set�tht"�pert��as a�w,�oie vr in se�rar�ate pa�-�pubi�°uueti,�a ccr���ni�est=vidder for casis arna cvnvey absolute_
<br /> title free and cleaz of all right, title and mterest of Trustor at such time and place as Trusfee designates. Trustee shall give
<br /> notice of sale including the time, terms and place of sale and a description of the propeRy 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 Property
<br /> sold which conveys absolute title to the purchaser, and after first paying all fees, chazges and costs, shall pay to
<br /> Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest
<br /> thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may
<br /> purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein.
<br /> All remedies are distinct, cumulative and not exclusi�ve, and the Beneficiary is entitled to all remedies �rovided at law or
<br /> equity, whether or not expressly set forth.'The acceptance by Beneficiacy of any sum in payment or partiai payment on the
<br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings aze filed shall not constitute a
<br /> waiver of Beneficiary's right to require comglete cure of any existing:default: By not exercising any remedy on Trustor's
<br /> default, Beneficiary dces not waive Beneficiary's right to Iater consider the�event a default if if continues or happens again.
<br /> 16. EXPENSES; ADVANCES ON .COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
<br /> prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security
<br /> Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or
<br /> otherwise protecting the Property and Beneficiary's security interest. These ezpenses will bear interest from the date of the
<br /> payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees
<br /> to pay all costs and expenses incuned by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and
<br /> remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and
<br /> other legal expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any
<br /> recordation costs of such release.
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<br /> 17. ENVIItONMENTAI."-LAWS A1�TD l�AZAI�3DUS`�fJBSTAi�TCE�. As used in this secrion, ii j Environmentat�aw
<br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42
<br /> U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attomey general
<br /> opinions or interpretive letters conceming the public health, safety, welfare, environment or a hazazdous substance; and(2)
<br /> Hazazdous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has
<br /> ' characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
<br /> environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
<br /> "hazazdous waste" or "hazazdous substance" under any Environmental Law.
<br /> Trustor represents, warrants and agrees that:
<br /> � A.Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be
<br /> located, stored or released on or in the Property. This restriction dces not apply to small quantities of Hazardous
<br /> Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property.
<br /> B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, aze,
<br /> and shall remain in full compliance with any applicable Environmental Law.
<br /> C.Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on,
<br /> under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an
<br /> event, Trustor shall take all necessary remedial action in accordance with any Environmental Law.
<br /> D.Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending
<br /> or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous
<br /> Substance or the violation of any Environmental Law.
<br /> 18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pendin�or threatened action, by private or public
<br /> entities to purchase or take any or all of the Property through condemnation, emment domain, or any other means. Trustor
<br /> authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to
<br /> 13en�fici , the roceeds of.any award or_�laim for damages connected with,a condemnation or other takir.g of all or any
<br /> � part o�£�e ropertY.�uc�procee�s shaII be consider�paymeffs-�nd`w�t��rp . . �_� ���,
<br /> Instrument: 'f'his assignin�nt a#'proce�cis is strbject to the terms of any prior mortgage;deed of trvst, security agreement or
<br /> other lien document.
<br /> 19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably
<br /> associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the
<br /> periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to
<br /> Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described
<br /> above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according
<br /> to the terms of this Security Instrument.
<br /> All insurance policies and renewals sha11 be acceptable to Beneficiary.and shall include a standazd "mortgage clause" and,
<br /> where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the
<br /> insurance. Beneficiary sha1T have'the right to'hold the policies and renewals. If Beneficiary requires,. Trustor shall
<br /> immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give j
<br /> immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by
<br /> Trustor.
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<br /> �1994 8ankeds Systema.lnc St.Cloud�,MN�(1-8tl0 397-234'{) Form RE-DT-NE 10/27/97 � .j �
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