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<br />or inaction by the Borrower adversely affects Beneficiary's security; (d) Trustor fails to pay taxes
<br />on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property
<br />that is senior to the lien of this Security Instrument; (e) a sole Trustor dies; (f) if more than one
<br />Trustor, any Trustor dies and Beneficiary's security is adversely affected; (g) the Property is taken
<br />through eminent domain; (h) a judgment is filed against Trustor and subjects Trustor and the
<br />Property to action that adversely affects Beneficiary's interest; or (i) a prior lienholder forecloses on
<br />the Property and as a result, Beneficiary's interest is adversely affected.
<br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such
<br />Borrower becomes indebted to Beneficiary or another lender in an aggregate amount greater than
<br />the amount permitted under federal laws and regulations.
<br />9. Remedies on Default. In addition to any other remedy available under the terms of this Security
<br />Instrument, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a
<br />manner provided by law if Trustor is in default. In some instances, federal and state law will require
<br />Beneficiary to provide Trustor with notice of the right to cure, or other notices and may establish time
<br />schedules for foreclosure actions. Each Trustor requests a copy of any notice of default and any notice
<br />of sale thereunder be mailed to each Trustor at the address provided in this Security Instrument.
<br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and
<br />principal shall become immediately due and payable, after giving notice if required by law, upon the
<br />occurrence of a default or anytime thereafter.
<br />If there is a default, Trustee shall, at the request of Beneficiary, advertise and sell the Property as a
<br />whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title
<br />free and clear of all right, title and interest of Trustor at such time and place as Trustee designates.
<br />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 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
<br />deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees,
<br />charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens,
<br />assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured
<br />Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any
<br />deed of conveyance shall be prima facie evidence of the facts set forth therein.
<br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after
<br />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
<br />remedy on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event
<br />a default if it happens again.
<br />10. Expenses; Advances on Covenants; Attorneys' Fees; Collection Costs. If Trustor
<br />breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary
<br />incurs in performing such covenants or protecting its security interest in the Property. Such expenses
<br />include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the
<br />Property and Beneficiary's security interest. These expenses are payable on demand and will bear
<br />interest from the date of payment until paid in full at the highest rate of interest in effect as provided
<br />in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary
<br />in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument.
<br />This amount may include, but is not limited to, Trustee's fees, court costs, and other legal expenses.
<br />To the extent permitted by the United States Bankruptcy Code, Trustor agrees to pay the reasonable
<br />attorneys' fees Beneficiary incurs to collect the Secured Debt as awarded by any court exercising
<br />jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released.
<br />Trustor agrees to pay for any recordation costs of such release.
<br />11. Environmental Laws and Hazardous Substances. As used in this section, (1)
<br />"Environmental Law" means, without limitation, the Comprehensive Environmental Response,
<br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state
<br />and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive
<br />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
<br />contaminant which has characteristics which render the substance dangerous or potentially dangerous
<br />to the public health, safety, welfare or environment. The term includes, without limitation, any
<br />Deed Of Trust Open End -NE
<br />Bankers Systems"' VMP®
<br />Wolters Kluwer Financial Services m 2014
<br />10/2017
<br />2020012917.1.0.4574-J20171018Y Page 5 of 8
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