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200400009
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Last modified
10/16/2011 10:57:41 AM
Creation date
10/20/2005 10:50:59 PM
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DEEDS
Inst Number
200400009
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200400009 <br />Beneficiary or Beneficiary's agents may, at Beneficiary's option, enter the Property at any reasonable time for the purpose <br />of inspecting the Property. Beneficiary shall give Trustor notice at the time of or before an inspection specifying a <br />reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Beneficiary's benefit and <br />Trustor will in no way rely on Beneficiary's inspection. <br />Authority to Perform. If Trustor fails to perform any duty or any of the covenants contained in this Security Instrument, <br />Beneficiary may, without notice, perform or cause them to be performed. Trustor appoints Beneficiary as attorney in fact <br />to sign Trustor's name or pay any amount necessary or performance. Beneficiary's right to perform for Trustor shall not <br />create an obligation to perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under the law or this Security Instrument. <br />Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply with the provisions of any lease if <br />this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, <br />Trustor will perform all of Trustor's duties under the covenants, by -laws, or regulations of the condominium or planned <br />unit development. <br />Condemnation. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any <br />part of' the Property. Such proceeds shall be considered payments and will be applied as provided in this Security <br />Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or <br />other lien document. <br />Insurance. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to <br />Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described <br />above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according <br />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" and, <br />where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the <br />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 />inunediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by <br />Trustor. <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principal shall not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br />to the Trustor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately <br />before the acquisition. <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial statement <br />or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional <br />documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Trustor's obligations <br />under this Security Instrument and Beneficiary's lien status on the Property. <br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. DUE ON SALE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and <br />payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject to the <br />restrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />8. DEFAULT. Trustor will be in default if any of the following occur: <br />Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that <br />is an open end home equity plan. <br />Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment <br />when clue. <br />SOY (page 3 of 6) <br />1994 Bankers Systems, Inc.. St. Cloud, MN Form USBOCP -DT -NE 9/5/2001 <br />
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