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2� 15�81 �� <br /> 8. DEFAULT. Trustar will b� in default if any of the fol�owing �ccur: <br /> Fraud. Any Consumer Borrower �ngages in fraud �r mater�ai misrepresentati�n in connection wxth �he <br /> Secured Debt that is an�pen end home equi�y p1an. <br /> Payments, Any �onsumer Borravt�er an any 5e�ured Debt that is an open end hom��quity p�an fails ta make <br /> a payment when due, <br /> Praperty. Any action or �nac��on by the Barrawer or Trustor occurs that adversely affects the Prop�rty or <br /> Benef�ciary's rights in �he Property, This in�ludes, but is not lamited to, the follow�ng: �a} Trustar fau�s to <br /> maintain requ�red insurance �n �he Property; �b} Trustar transfers the Property; (c} Trustar commit� wast� ar <br /> otherw�se des�ructi�ely uses flr faiis to maintain�he Property such that the actxon or inac�ion adverseiy aff�cts <br /> Beneficiary's security; �d} Trustor fails to pay taxe� on the Property or a�herWise fai�s �a act and thereby <br /> causes a lien t� be fi�ed against the Property that is senior to the lien af this Se�urity Instrument; (e} a sole <br /> Trustor dies; tf} if more than one Trustar, any Trustor dYes and Beneficiary's se�urrty is ad�ersely aff��ted; <br /> �g} the Prop�rty is taken through�mznent domain; �h} a judgment is filed against Trustor and subjects Trusror <br /> and the Prop�rty to actian that adwersely affects Benef�c�ary's interest; or �i} a prior lienho�der forecloses on <br /> the Froperty and as a resu�t, Beneficiary's in�erest is adverse�y affected. <br /> Exe�ut��e �fficers. Any Borrawer is an executi�e afficer of Benefi�iary ar an affiliate and such Barrflwer <br /> becam�s indebted to BenefiCiary or another 1�nder in an aggrega�e amount greater than the amount permxtted <br /> under f�deral laws and regulatians. <br /> 9. REMEDIES �N I3EFAULT. In add�tion to any ��her r�rx��dy avai�a��e under the terms of thi� 5�curity <br /> Instrument, Benefic�ary may acc�lerate the Secured Debt and fareclase this Secur�ty Instrument in a manner <br /> provided by 1aw zf Trustar is in default. In some instanc��, federal and stat� Iaw �viZl requxre Benef�ciary to <br /> pra�ide Trustar w�th n�tice �f the right to cure, or ather noti�es and may establish time schedules for <br /> foreclosure actzans. Each Trustor request� a copy of any nat�ce of defau�t and any natice of sale th�reunder be <br /> mailed ta �ach Trus�ar at the address prov'rded in Secti�n 1 alao�e. <br /> At the optian of B�neficiary, aII or any part af the agreed f�es and �harg�s, accrued interest and principal <br /> shall became immedia�ely due and payabl�, after giving notice �f required by law, upon the o�currence of a <br /> defauit nr anytime thereafter. <br /> If there is a defauXt, Trustee sha��, at the request of Beneficiary, advertise and se�1 th� Property as a whole or <br /> in separate parceis at pub��c auctYon ta �he highest brdder for cash and convey absolute title free and clear af <br /> al� right, titl� and interest af Trustor at such time and p�a�e as Trustee designates. Trusree shall give notice of <br /> sale in�iuding the�ime, terms and pla�e �f sa�e and a des�ript�on of the property to be s�ld as r�quxred by the <br /> appl�cabl�lav�r rn effect at the time af the proposed sal�. <br /> Upon sale of the Property and to the extent na� proh�bited by �aw, Trustee shal� make and delzver a deed to <br /> the Property sold whzch canveys a��o�ute ti�le �a the purchaser, and after first payzng a1� f�es, �harges and <br /> costs, shall pay to Benefz��ary a�l maneys advanced far repaYrs, taxes, insurance, l��ns, assessments and prior <br /> encumbran�es and �nterest thereon, and th�prxncipal and interest on �he Secured Debt, paying the surplus, if <br /> any, ta Trustar. Benef�ciary may purchas� th� Proper�y. The r��ita�s in any deed of conv�yance shail be <br /> prrma faGie evidence of the fac�s se�for�h therein, <br /> The acceptance by Beneficiary of any sum in payment or partial payment fln the Secured D�bt after the <br /> balan�� is due or i� accelerated or after foreclasur� proceed�ngs are ��ed shall nat constitut� a waiver of <br /> Benefic�ary's r�ght to requir� camplete cure of any existing default. By not e��rc�sing any remedy on <br /> Trustor's defauXt, Benefi�iary daes nat wai�e Beneficiary's right to later consider th� event a default if it <br /> happens again. <br /> 10. E�PENSES; ADVANCES �N C�VENANTS; ATT�RNEYS' FEES; ��LLECTI�N CaSTS. If <br /> Trustor breaches any covenant in this Security Instrument, Trustor agrees to pay aII expenses Beneficiary <br /> incurs in performing such co�enants or pratecting zts security interest �n the Prap�r�y. Such expenses in�lude, <br /> but are not Ixmit�d to, fees incurred for inspectYng, preserving, or otherwYse pra�ectxng the Property and <br /> Benefi�iary's security interest. Thes� expenses are payable on demand and w�ll bear interest from the date of <br /> payment until paid xn fu�l aC�he highest rate of interest in effect as provided in the terms of the Se�ured Debt. <br /> Trustor agr�es to pay a1� costs and exp�nses incurred by Seneficiary in collectinga enfarcing or prate�ting <br /> Beneficiary's rights and remedies under this S�curity �ns�rument. This amaunt may znclude, but is not �imited <br /> �o, Trustee's fees, court costs, and other legai e�cpenses. To the ext�nt perm�tted by th� United States <br /> Bankruptcy �ade, Trustor agrees to pay the reasanable attarneys' fees Beneficiary incurs �o colle�� the <br /> S�cur�d Debt as awarded by any caurt e�.ercising jurisdiction under the Bankruptcy �ode. This Securi�y <br /> Znstrument shall remain in effect until released. Trustor agrees to pay for any recordatYon c�sts of such <br /> release. <br /> 5ecurity Instrument-�pen-End-Consumer-NE �CP-R�DT-NE 71�12Q�� <br /> VMPD Bankers SystemsT"^ VMP-�455{N�7 t1 107yA0 <br /> Wolters I�luwer�inan�ial 5ervices�1994,2Q1 1 Page 4 vi� <br />