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. . .., o-� �"�� �. �.: .. . , . <br /> # <br /> � , .�.w�� ��h k 1,tC�35'�4 <br /> ,� , <br /> , ., <br /> 14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor <br /> will be in default if a breach occurs under the terrns of this Security Instrument or any other document executed for the <br /> purpose of creatin�, secur'rng ar guarantying the Secured Debt: A goad faith belief by Beneficiary that Beneficiary at any <br /> trme is insecure with respect to any person or entity.ts�tigated on the Secured Debt or that the prospect of any payment or <br /> the value of the Property is impaired shall°also constitute an event ofidefault. <br /> 15, REMEDIES ON DEFAULT. In some instanees, federal and state law'will reqnire Beneficiary to provide Trustor with <br /> notice of the right to cure or other notiees and may establish time schedules for foreclosure actions. Sub�ect to these <br /> limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrurnent in a manner <br /> provided by law if Trustor is in default. <br /> At the option of Beneficiary, all or any part of the agreed fees and charges, acerued interest and principal shall become <br /> immediately due and payable, after giving notice if required by law, upern the occurrence of a default or anytime <br /> thereafter. In addition, Benefictary shall be entitled to all the remedies provided by law, the ternis of the Secured Debt, <br /> this Security Instrument and any re�ated documen�s, in�ludin�with�ut lim�tation, tiae perwer to selt ih�PrQperty. <br /> . ;� �: , :: s � . � . � � <br /> - If±herQ is a def�ult, Trustee shall, �n ad�litiori tii�ariy'+�tlier perniitfect rein�y, �c t1�e rec}uest a�ihe Bene�'iciary, �civertis� ' <br /> atld sell the Property as a whole Or�T-��arate��:Is ac,��-a�ota�r�xath�highes;biddec_for cash and convey absol•ate <br /> title free and clear of all right, title ancl interest of'frustor at such time`and place as Trustee designates."�'�'ustee sha11 give <br /> notice of sale including the time, terrms and place of saie and a deseription af the prnperty tn be sold as'required by the <br /> applicable law in effect at the time af the praposed sa1e. <br /> Upon sale of the property and ta 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 for repairs, ta�es, insurance, liens, assessments and prior encumbrances and interest <br /> thereon, and the principal and interest on the S�ured Uebt, paying the surpius, if any, to Trustor. Beneficiary may <br /> purchase the Property. The recitals in any.deed of canveyance shali be prima facie evidenee of the facts set forth therein. <br /> � A1T remedies are distinct,'cumuPative and�not�exc�usive, �tid ttte�efici" �°is�itit�ed����a�all�em+ecliese�itoi+ided at law or <br /> � equity, whother or not e�ressly set forth. 'i'lie aceaept�ice�by �iiefic�y�any suth°�ri pay��f qur,l�"tx�t'`P�ym�nt�tm the� <br /> � � � � Sexured I�et�t after.�the�balanc� i��due ar is accelerated�or af�r fcxe�osti�t�e g�rnce�cliirgs at����i� s�ia�i.��t c�t�ut� � � <br /> wai�ver of Beneficiary's r.ght ta reqttire comptete cure of any exis�ting de�aulf. By riot-exercisimg any remedy on Txustor's <br /> default, Beneficiary does not waive Beneficiary's right to later consider 1he event a default if it'coritihues ar happens again. <br /> 16. EXPENSES; ADVANCES ON COVENAN'rS; ATTORNEYS' FEES; CULLECI'ION COSTS. Except when <br /> prohibited by law, Trustor agrees to pay all af Beneficiar�'s expenses if Trustor breaches any covenant in this Security <br /> Instrument. Trustor will also pay on dernand any amount incurred by Beneficiary for insuring, mspecting, preserving or <br /> otherwise protectin�the Property and Beneficiary's security interest. These expenses will bear mterest from the date of the <br /> payment until paid in full at the higl�est interest rate in effect as pxovided in the terms of the Secured Debt. Trustor agrees <br /> to pay all costs and expenses incurred by Beneficiary in cvilecting, enforcing or protecting Beneficiary's rights and <br /> remedies under this Security Instrument. This amount may include,,but is not limited to, attorneys' fees, court costs, and <br /> other le�a1 expenses. This Security Instrument shall r�main in effect until released. Trustor agrees to pay for any <br /> � � recordation casCs�of sueh release.,� � �� � �p. �, �. <br /> mr..«�a+�w+x.,,sa.,�«� . . . . `.:.'; ` ., :��. � ..' �.'..,t '��i° Y,��Mr+r* ��At ,`4°TM�Tk.�;`: 4,w: �: +..MS*�.�. �.. <br /> t , ' . , ` AWS'°"�RS���°�C�'S�Ai�i�E�:TAs��as�ct�cn this�:�ection,����v�onmerital"'�,aw <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 /> opinions or interpretive letters concerning the pubiic 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 heatth, safety, welfare or <br /> environrnent. The term includes, without limitation, auny substances defined as "hazardous material," "toaic substances," <br /> "hazardous waste" or "hazardous substance" under any Environmental Law. <br /> Trustor represents, warrants and agrees thaf: <br /> A.Except as previously disclosed and acknowledged in writing ta Beneficiary, no Hazardous Substanee is or will be <br /> located, stored or released an or in the Property. This restnction does-not apply to;small quantities of Hazazdous <br /> Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br /> B.ExceSt as previously disclosed and acknowledged m writing to Benefieiary, Trustor and every tenant have been; aze, <br /> and shall remain in full compliance with any a�plicable Environmental Law. "" <br /> C.Trustor shall immediately.notify Beneficiary if a release or'threatened release of a Hazardous Substance occurs on, <br /> under or about the;Property.or there is a violation of any Environmental Law concerning the Property. In such an <br /> event, Trustor shalt take all necessary remedial action in accordance with any Environmental Law. <br /> D.Trustor shall immediately notify Bene�ciary in writing as soon as Trustor has reasan to believe there is any pending <br /> or threatened investigation, elaun, or proceeding relating to the release ar threatened release of any Hazardous <br /> Substance or the violation of any Environmental Law. <br /> 18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pendin�or threatened action, by private or public <br /> entities to purchase or take any or all of the Property through candemnation, eminent domain, or any other means. Trustor <br /> authorizes Beneficiary to intervene in Trustor's name in any of the above descr�bed actions ar clazrns. Trustor assigns to <br /> Beneficiary the proceeds of any award or elaim for damages connected with a condemnation or other taking of ail or any. <br /> part of the Propert�. Such roceeds sh ' Pnts �cL�vill ' �s pxQV�ded in this Security <br /> T"n's�f�'t�fi:`�'TFi3�sig'" ti o gr s is Su }ec to e terrn"s o any pr�or mo ga�e;:deed..�£ir�st,:s�ty.:,gr�:ut.Qr, <br /> other lien document. <br /> 19. INSURANCE. Trustor shatl 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 sha11 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 a�proval, 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 Secunty Instrument. <br /> All insurancepo licies and renewals sha11 be acceptable to Beneficiary and shall,include a standazd "mortgage clause" and, <br /> where applicable, "loss payee clause." Trustor shall immediatel� notif,� Beneficiary of cancellation or termmation 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 a11 receipts of paid premiums and renewal notices. Upon loss, Trustor shall give <br /> immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by <br /> Trustor. <br /> . ' (Page 3 f <br /> �7994 Benkers S�atema,Ine.,St.Cioud,MN (1�800-397-2344) Form RE•OT-NE 10127l97 /���� <br />