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� 200001127 <br /> Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment <br /> when due. <br /> Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's <br /> rights in the Property. This includes, but is not limited to, the following: (a) Trustor fails to maintain required insurance <br /> on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails to <br /> maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustar fails to pay ta�ces <br /> on the Property or otherwise fails to act and thereby causes a hen to be filed agamst the Property that is senior to the lien <br /> of this Security Instrument; (e) a sole Trustor dies; (� if more than one Trustor, any Trustor dies and Beneficiary's <br /> security is adversely affected; (g)the Property is taken through eminent domain; (h) a judgment is filed against Trustor and <br /> subjects Trustor and the Property to action that adversely affects Beneficiary's interest; ar (i) a priar lienholder forecloses <br /> on the Property and as a result, Beneficiary's interest is adversely affected. <br /> Executive Of�icers. Any Borrower is an executive officer of Beneficiary ar an affiliate and such Borrower becomes <br /> indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and <br /> regulations. <br /> 9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, <br /> Beneficiary may accelerate the Secured Debt and foreclose this Securiry Instrument in a manner provided by 1•aw if Trustor <br /> is in default. In some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to <br /> cure, or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy of any notice <br /> of default and any notice of sale thereunder be 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 shall become <br /> immediately due and payable, after giving notice if required by law, upon the occunence of a default ar anytime <br /> thereafter. <br /> If there is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Property as a whole or in <br /> separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title <br /> and mterest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale including the time, <br /> terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of <br /> 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 far repairs, taxes, msurance, 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 therem. <br /> The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is <br /> accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete <br /> cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's <br /> right to later consider the event a default if it happens again. <br /> 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br /> any covenant in this Security Iistrument, Trustor agrees to pay all ex�enses Beneficiary incurs in performing such <br /> covenants or protecting its secunty interest in the Property. Such expenses mclude, but are not limited to, fees incurred for <br /> inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are payable <br /> on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as <br /> provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in <br /> collecting, enforcing or protecting Beneficiary's rights and remedies under this Secunty Instrument. This amount may <br /> include, but is not limited to, Trustee's fees, court costs, and other legal expenses. To the extent permitted by the United <br /> States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the Secured Debt <br /> as awarded by any court exercising�urisdiction under the Bankruptcy Code. This Secunty Instrument shall remain in effect <br /> 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) Environmental Law <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, attorney general <br /> opimons or mterpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and(2) <br /> Hazardous 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 /> "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 Hazardous <br /> Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br /> OO 1994 Bankers Systems,Inc.,St.Cloud,MN Form GT-OEMTGLZNE 4/24/99 ��y� GT'15-28-093(3/99) (Page 4 of 6) <br />