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<br /> Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial
<br /> statement or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any
<br /> additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve
<br /> Trustor's obligations under this Security Instrument and Beneficiary's lien status on the Property.
<br /> 6. WARRAN'rl' 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 inevocably grant, convey, and sell the Property to Trustee, in trust, with
<br /> power of sale.Trustor also warrants that the Property is unencumbered,except for encumbrances of record.
<br /> 7. DUE ON SALE.Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due
<br /> and payable upon the creation of, or contract for the creation of,.a transfer or sale of the Property. This right is
<br /> subject to the 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
<br /> Debt that 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
<br /> payment when due.
<br /> Property.Any action or inaction by the Bonower or Grantor occurs that adversely affects the Property or Lender's
<br /> rights in the Property. This includes, but is not limited to, the following: (a) Grantor fails to maintain required
<br /> insurance on the Property; (b) Grantor transfers the Property; (c) Grantor commits waste or otherwise
<br /> destructively uses or fails to maintain the Property such that the action or inaction adversely affects Lender's
<br /> security; (d) Grantor fails to pay taues on the Property or otherwise fails to acta sole Grantor dies; (f) if more than
<br /> against the Property that is senior to the lien of this Security Instrument; (e) the Pro ert is taken through
<br /> one Grantor, any Grantor dies and Lender's security is adversely affected; (g) P Y
<br /> eminent domain; (h) a judgment is filed against Grantor and subjects Grantor and the Property to action that
<br /> adversely affects Lender's interest; or (i) a prior lienholder forecloses on the Property and as a result, Lender's
<br /> interest is adversely affected.
<br /> Ex e�t ld t oL�lender or a other lenderai an aggregate amou t g eater than thel amount pe mBted under federal
<br /> md
<br /> 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 Secur�d Debt and foreclose this Security Instrument in a manner
<br /> provided by law if Trustor is in default. In some instances,federal and state law will require Beneficiary to provide
<br /> Trustor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions
<br /> and may establish time schedules for foreclosure actions. Each Trustor requests a copy of any notice of default and
<br /> any notice of sale thereunder be mailed to each Trustor at the address provided in Section 1 above.
<br /> At the option of the Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall
<br /> become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or
<br /> anytime thereafter.
<br /> If there is a default,Trustee shall, at the request of the Beneficiary, advertise and sell the Property as a whole or in
<br /> separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right,
<br /> title and interest of Trustor at such time and place as Trustee designates.Trustee shall give notice of sale including
<br /> the time, terms and place of sale and a description of the property to be sold as required by the applicable law in
<br /> 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 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 repau's, t�es, insurance, lia nn a�hessu e lus,aif any, to TrustoraBenefi caryemay
<br /> thereon, and the principal and interest on the Secured Debt, p y g IP,
<br /> purchase the Property.The recitals in any 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 the balance is
<br /> due or is accelerated or after foreclosure proceedmgs are filed shall not constitute a waiver of Beneficiary's right to
<br /> require complete cure of any e�usting default. By not exercising any remedy on Trustor's default,Beneficiary does
<br /> not waive Beneficiary's right to later consider the event a default if it happens again.
<br /> 10. EXPENSES;ADVANCES ON COVENANTS;ATTORNEYS'FEES;COLLECTION COSTS.If Trustor breaches
<br /> any covenant in this Security Instrument, Trustor agrees to pay a11 expenses Beneficiary incurs in performing such
<br /> covenants or protecting its security interest in the Property. Such expenses include, but are not hmited to, fees
<br /> incuned for inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These
<br /> expenses are payable on demand and will bear interest from the date of payment until paid m full at the highest rate of
<br /> interest in effect as provided in the terms of the Secured Debt.Trustor agrees to pay all costs and expenses incurred by
<br /> Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument.
<br /> This amount may include, but is not limrted to, Trustee's fees, court costs, and other legal expenses. To the extent
<br /> permitted by the United States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary
<br /> incurs to collect the Secured Debt as awarded by any court exercising�unsdiction under the Bankruptcy Code. This
<br /> Security Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of such
<br /> release. 1 Environmental Law
<br /> 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCE5.As used in this section,O
<br /> means,without limitation,the Comprehensive Environmental Response,Compensation and Liability Act(CERCLA,
<br /> 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney
<br /> general opinions or interpretive letters concerning the public health, safety, welfare, environment or aollutan�or
<br /> substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, p
<br /> contaminant which has characteristics which render the substance dangerous or P substances defined as`hazardons
<br /> health, safety, welfare or environment. The term includes, without limitation, any
<br /> material,""toxic substances, hazardous waste"or"hazardous substance"under any Environmental Law.
<br /> Trustor represents,wanants and agrees that:
<br /> A. Except as previously disclosed and acknowledged in 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 small quantities of
<br /> Hazardous Substances that are generally recogmzed to be appropriate for the normal use and mamtenance of
<br /> the Property.
<br /> B. Except as previously disclosed and acknowledged in writing to Beneficiary,Trustor and every tenant have been,
<br /> are,and shall remaui in full compliance with any applicable Environmental Law.
<br /> C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs
<br /> on,under or about the Property or there is a emedi 1 action in accordance with any Envr roninental Law.y�In
<br /> such an event,Trustor shall take all necessary � (page 3 of 4)
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<br /> �tg94 Bankers Systems,Inc.,St.Cloud,MN Form OCP-REDT-NE 10l7/98 �.J
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