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` 200000 � 50 <br /> 14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. <br /> Trustor will be in default if a breach occurs under the terms of this Security Instrument or any other document <br /> executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary <br /> that Beneficiary at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the <br /> prospect of any payment or the value of the Property is nnpaired shall also constitute an event of default. ' <br /> 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustar <br /> with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to <br /> these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a <br /> manner 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 occunence of a default or anytime thereafter. <br /> In addition,Beneficiary shall be entitled to all the remedies provided by law,the terms of the Secured Debt,this Security <br /> Instrument and any related docume,nts ' cludiug�+it�iout limitation,the power to sell the Property. <br /> If there is a defarilt, Tlt�9l��sh"� ,�in��tiori�o�aIIy�7i�her permitted remedy, at thie xequest of the Benefi ia <br /> advertise and sell the Property as a whole or in separate parcels at public auction to the highest bi <br /> , convey absolute title free and clear of all right, title and interest of Trustor at such time and place as Trustee <br />�::;�,�< de�gastes. Trustee shall give notice of sale including the time, terms and place of sale and a description of the <br /> property to be sold as required by the applicable law in effect at the tune 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, charges and costs, shall pay to � <br /> Beneficiary all moneys advanced for repairs, t�es, insurance, liens, assessments and prior encumbrances and interest <br /> thereon, and the principal and inierest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may <br /> purchase the Property.The recitals in any deed of conveyance sha11 be prima facie evidence of the facts set forth therein. <br /> All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or <br /> equity,whether or not expressly set forth.The acceptance by Beneficiary of any sum in payment or partial payment on the <br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a <br /> waiver of 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 Bene�iciary's right to later consider the event a default if it 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 <br /> or otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest from the <br /> date of the payment until paid in full at the highest interest rate 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 Beneficiary's <br /> rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, <br /> court costs, and other legal expenses. This Security Instrument shall remain in effect until released.Trustor agrees to <br /> pay for any recordation costs of such release. <br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES.As used in this section,(1)Environmental Law <br /> means,without limitation,the Comprehensive Environmental Response,Compensation and Liability Act(CERCLA, <br /> 42 U.S.C. 960] et seq.), and all other federal, state and local laws, regulations, ordinances, court er��;'' <br /> genera[ upinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous <br /> substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br /> contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public <br /> health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous <br /> material,""toxic substances,""hazardous waste"or"hazardous 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 does not apply to small quantities of <br /> Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of <br /> the Property. <br /> B. Except as previously disclosed and acknowledged in writing to Beneficiary,Trustor and every tenant have been, <br /> are,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 <br /> on,under or about the Property or there is a violation of any Environmental Law concerning the Property. In <br /> such an 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 <br /> pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br /> Hazardous Substance or the violation of any Environmental Law. <br /> 18. CONDEMNATION.Trustor will ve Benefici rom t notice of an endin or threatened action, b nvate or � <br /> � �'YP P YP g YP � � <br /> public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other <br /> means.Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. <br /> Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other <br /> taking of all or any part of the Property.Such proceeds shall be considered payments and will be applied as provided in <br /> this Security Instrament. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, <br /> security agreement or other lien document. <br /> 19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks <br /> reasonably associated with the Property due to its type and location.This insurance shall be maintained in the amounts <br /> and for the periods that Beneficiary requires.The insurance carrier providing the insurance shall be chosen by Trustor <br /> subject to Beneficiary's approval,which shall not be unreasonably withheld. If Trustor fails to maintain the coverage <br /> described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br /> Property according to the terms of this Security Instrument. <br /> All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" <br /> and,where applicable,"loss payee clause."Trustor shall immediately notify Bene�iciary of cancellation or ternunation <br /> of the insurance.Beneficiary shall 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 <br /> immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made <br /> immediately by Trustor. <br /> (page 3 of 4) <br /> � <br /> �1994 Bankers Systems,Inc.,St.Cloud,MN (1-B00-397-2341) Form RE-DT-NE 10/27/97 L� <br /> ._ �� .'}%p , . � ' <br />