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' , , t . <br /> 99 106590 ��°''� M�=� <br /> ,� ..�rsg <br /> d ��sy�. •��`�'t�� <br /> F- � � :: ��� � � <br /> 14. DEFAiJLT. Trustor will be in default if any party obligated on the Secured Debt fails to mat�e��►�nt w en e. rustor <br /> will be in default if a breach occurs under the terms of this Securit Instrument or an o e� cle2um ec ed r the <br /> o f c r e a t i n s e c u r in or uarant in the Secured Debt. A good faith belief by Be��'��ry�a�e�c,� t any <br /> purpose g, g S Y g <br /> rime is insecure wrth respect to any person or entity obligated on the Secured Debt or that p�ospdc,tt'of a�r,�ay ent or <br /> the value of the Property is impaired shall also constitute an event of default. ':...,�" �(yL,��@�� <br /> � �:�4l�iY�.I� ��y <br /> 15. REMEDIES ON DEFALTLT. In some instances, federal and state law will require Benefici � d#�E,t�+i�.;t�stor with <br /> notice of the right to cure or other notices and may establish time sc�iedules for foreclosure a ' � �ect to these <br /> limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument m a manner <br /> provided by law if Trustor is m default. <br /> At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br /> immediately due and payable, after givmg notice if required by law, upon the occurrence of a default or anytime <br /> thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt, <br /> this Security Instrument and any related documents, including without limitation, the power to sell the Property. <br /> If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise <br /> and sell the Property as a whole or in se�arate parcels at public auction to the highest bidder for cash and convey absolute <br /> title free and clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give <br /> notice of sale including the time; terms and place of sale and a description of the property to be sold as required by the <br /> 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 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, taxes, insurance, liens, assessments and prior encumbrances and interest <br /> thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may <br /> purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therem. <br /> All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies �rovided at law or <br /> equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum in payment or partial payment on the <br /> Secured Debt after 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 remedy on Trustor's <br /> default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. <br /> 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when <br /> prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security <br /> Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, mspecting, preserving or <br /> otherwise protecting the Property and Beneficiary's security interest. These expenses will bear mterest from the date of the <br /> payment until paid m full at the highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees <br /> to pay all costs and expenses incuned by Beneficiary in collecting, 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 legal expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any <br /> recordation costs of such release. <br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <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 public 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 health, safety, welfare or <br /> environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br /> "hazardous waste" or "hazardous substance" under any Environmental Law. <br /> Trustor represents, warrants 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 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. Except as previously disclosed and acknowledged m writing to Beneficiary, Trustor and every tenant have been, are, <br /> and shall remain 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 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 shall take all necessary remedial action in accordance with any Environmental Law. <br /> D.Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending <br /> or threatened investigation, claim, or proceeding relating to the release or 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 pending or threatened action, by private or public <br /> entities to purchase or take any or all of the Property through condemnarion, emment 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 /> 19. 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 Secunty 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 ternunation 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 /> immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by <br /> Trustor. <br /> (page 3 of 41 <br /> 01994 Bankers Systems,Inc.,St.Cloud,MN (1-800397-23411 Form RE-DT-NE 10/27/97 <br /> f� �a � '� :� �� :4 t{ <br />