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� . <br /> � <br /> : �9�- �ti0�'78 <br /> �uancial �teQorts snd Add3t�oasf Documevts.Trustot will provide to Beneficiary upon ;equest, any financial <br /> statement or znformation Ben�fieiary may deem ressanably ne�ssary,Truster agrees to sign, deliver, F►nd file any <br /> additi�nai doc�nen�c or certifications that Bencuciary m�y consider necescary to perfect, continue, and preserve <br /> Trwtor's obiigations un�der this Security Instrument and Beneficiary's lien status on the Prnperty. ' <br /> G- R'AIiRANT"�Q+F TTILE.Ttastor warranu that Tnutor is or wiIl be lawfullv seized of the estate conveyed by this <br /> Seci�riiy Instrunieni and has the right to irrevocat�ly grant, wnvey, ancf sell ihe Property to Trustee, in trust,with <br /> pc�a•er of sale.Trelstor a3so warran;s that the Property is u�encumbered,eecept for encurabrances of record. <br /> 7. DiJE OW SALE,I.ender�ay,at its option,declare the endre balaace of the Secured Debt to be immediately due: <br /> and payable upon ihe creation of, or centract for the creation of, a transfer or sal� of t�'�e Froperty. This right is <br /> subject to[he restrictions imposed by federal taw(12 C.F.R.591),as applicable. . <br /> 8. Y?EFAUL'i'.Trustor will be in default if any of ehe folowing occur. <br /> Frac�d. Any Consumer Borrower engages in fr�ud or material misrepreseniation in connecdon with the Secured <br /> Debt that is an open end home equity plan. <br /> Paymeu�6. Any Consumer Bor.ower on any Secured Debt that is an open enci home equity pla.� fails to make a <br /> payment when due. <br /> Property.Az�y action or inaction by the Borrower or Grantor occurs ihat adversely affects the Froperty nr Lende:t's <br /> rights i❑ the PTOperty. This includes, but is not limited to, t�e following: (a) Grantor fails to maintain required <br /> insurance en the Property; {b) Grantor transfers the Praperty; (c) Grantor commies waste.or otherwise' <br /> destructive;y us�e or fails to maintain the Property such that tt�e acdon or inaction adversely affects Lender's � <br /> security;(d)Grantor faiis ta pay tazes on the Propertv or ottserwise.fails t�act and thereby causes a li'en to be filed <br /> against the Property that is semor ta the lien of this�ec:z.7ty Yastrumeni; (e) a sole Grantor dies; (� if more than <br /> ane Grantor, an� Granto� dies and Lender's security is adversely affected; (g) the Property is taken through <br /> eminent domaiQ; (h) a jud�ment is filed aaainst Grantor and subJects Grantor amd the Property to action that <br /> adversely affeets Lender's tnterest; a: (i) a grior lienholder forecloses on the Property and as a result, Lender's <br /> interest is adversely affected. <br /> Ezecutive OEficers. Any Borrower is an e�ecuti��e officer of Lender or an affiiiate and such Bonower becomes <br /> indebted to iender or anoiher le�der in An aggegate amount greater than the amoun2 permitted under federal <br /> Iaws and regulations. <br /> 9. REMEDIES ON DEFAULT. In additian to any other remedv availab!e under, ihe terms of this Security <br /> Instrument, Beneficiary may accelerate the Secured Debt and foreclose this Security Inctrument in a mznner <br /> provided by law if Trustor is in default.In some instances,federal and state!aw will require Beneficiary to provide <br /> Trustar with notice of ehe right to cute, or other notices and may establish time schedules for foreclosure actions <br /> and mav establis6 time schedules for foreclosure actions.Each Trustor requests a copy of any notice of default and <br /> any notiee of sale thereunder be mailed to each Trustor at the address provided in Section i above. <br /> At tihe�ption of ihe BeneSciary,all or any part of the agreed fees and charges,accrved interest and principal shall <br /> become ;mmediately due and payable, after giving notice if required by law, upon the occurrence of a default or <br /> aaytime ihereafter. <br /> i:there is a default,Trustee shall,at the request o.f the Beneficiary,advertise and sell t.he Property as a whole or in <br /> separate�urcels at public auction to the highest bidder for cash and cocvey�bsolute tide free and clear of all right, <br /> ti[fe aud mterest of Trustor at such time end�lace as Tiustee designates.Trustee shall give notice of sale including <br /> the time, terms and place of sale and a desrnption��f the property to bc sold as requured by the applicable law in <br /> effect at the time of ihe proposed sale. <br /> Upon sa3e of the property and to the eztent not prohibit�:d by law,Trustee shall make and deliver a deed to the Property <br /> sold which conveys absolute 2itIe to the purchaser, acrd nfter first paying all fees, charges and costs, shall pay to <br /> Beneficiary all mone}s advanced for repairs, ta�ces,insut�ance, liens,assessments and prior encumbrances and interest <br /> thereon, and the principal and interest on the Secured Debt, paying the swplus, if any, to Trustor. Beneficiary may <br /> purchase the Property.The recitals i�any c3eed nf conveyanc.e shall be prima fac'se evidence;of the facts set forth therein. <br /> The acceptance by Beneficiary of any sum in payment or}�artial payment on the Secured Debi after the balance is <br /> due or is accelerated or aiter fQredosure proceedings are fi!ed shalt nof constitute a waiver ot$ene�ciary s right ta <br /> require complete cure of any ezisiing default.By not ezerr,�;��g an�remedy on Trustor's default,BeneGciary does <br /> not w a iv e B e n e f i c i a ry's ri g h t t o la ter consi der t he event a d�e fa u lt if it happens again. <br /> 10. EXPENSES;ADVANCFS ON C�VENANTS;ATTORPtEYS'FEFS;COLLECTION COST'S.If Trustor breaches <br /> any covenant in this Secuzity Instrument,Tnutor agrees to pay all ezpenses Beneficiary incurs in perfornung such <br /> covenants or protecting its security interest in the Pro�erty. Such eApenses includ�, but are not limited to, fees <br /> incurred for inspect;ng, preserving, or otherwise protecUng the Property and Beneficiary's security mterest. These <br /> expenses are payable on demand and will bear interest from the date of pay�nent until paid in full at the highest rate of <br /> interest in effect as provi�ed in tt�e terms of the Secured Uebt.Trustoc agrees to pay all costs and ezpenses mcurred by <br /> Beneficiary in collectin�, enforcing or protecting Benef�ciary's rights and remedies under this Secnrity Instrument. <br /> This amaunt may include,but is not limi�ed t�,Trustee's fees, court casts, and other legal expenses. To the extent <br /> �emutted by the Unite3 States Bankruptcy Code,Trustor agrees to pay the reasonable attomeys' fees Beneficiary <br /> mcur�to collect the Secured Debt as awar@ed bv any court eaercising;urisdiction under the Bankruptcy Cale.This <br /> Security Ynstrument shall remain in effect until released. Trustor agrees to pay f�or any recordatioa costs of such <br /> release. <br /> 11. ENVIRO�TME,'VTAL LAWS AND HAZARpOUS SLJBSTANCFS,e.s used in this section,(1)Environmentaf Law <br /> means,arithout limitation,the Compreher;sive Environmental ResT�onse,Compensation and Liabiiity Act(CE2CLP., <br /> 42 U.S.C. 9'601 et seq.), and aLl other federal,state and lo�al la�c=s, reguiations, ordinances, court orders, attorney <br /> general opir.ions or interpretive letters concerning the pubIic heatth, safety wellare, environment or a hazardous <br /> substance; and (2) Hazardous Sut�stance means any toxic, radioactive or hazardous material, waste, pollutant or <br /> contaminant which has characterisr�which render the subst�.nce dan�erous or potentially dangerous to the pvblic <br /> heaith,safety,welfare or enviroament.The term includes,w;thout limitation, any substances defined as "hazardous <br /> material,""toa�ic substances,""haza*dous waste"or°hazardc.us substance"un�er any Environmental Law. <br /> Trustor represents,warrants and agrees that: <br /> A. Ezcept as previously disclosed and acknow(edged'az 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 sma11 quantities of <br /> f-iazazdous Substances that are generally recognized to be appropriate for the normai use and maintenance of, <br /> thc Property. <br /> B. Ezcept as previously disclosed and acknowiedged in writing to BeneSciary,Trustor and every tenant have been, ` � <br /> are,and shall remain in full c�mp&ance with any applicable Environmental Law. <br /> C. Trustor shall im�ediately natify Beneficiary if a release or ttfreatened release of a Hazardotu Substance occurs ' <br /> on,under or about the Pro�erty or there is a vi�Iation of aay Environmentai Law concerning the Property.In <br /> such an event,Trust�r shaIl take all necessary remediz�l action in accordance with any Environmencal Law. <br /> (pege 3 0l a) <br /> O��ae�+«s�s,mc..s�.c]o„a,►w F«m ocv.aeor•r�,o��e C.l <br /> " .. . • I <br />