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, � �9. so8so1 . <br /> 15. REMEDIES ON DEFAIJLT. In some instances, faderal and state law will require Beneficiary to provide Trustor with <br /> notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these <br /> limitations, if any, Beneficiary may accelerate the Sacured Debt and foreclose this Security Instrument 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 fces and charges, accrued interest and principal shall become <br /> immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime <br /> thereafter. In addirion, Beneficiary shall be entitled to all the remedies provided by law, the tern� of the Securad Debt, <br /> this Security Instrument and�y 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 remeriy, at the request of the Beneficiary, advertise <br /> and sell the Praperty as a whole or in separate parcels at public auction to the lughest bidder far 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 effe�t 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, GvLes, 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 therein. <br /> All remedies are distinct, cuffiilative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or <br /> equity, whether or not expressly set forth. The acceptance by Beneficiary of any stun in payment or partial payment on the <br /> Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are file�l shall not canstitute a <br /> waiver of Beneficiary's right to require complete cure of any eusting default. By not exercising any remedy on Tn�stor's <br /> default,B�eficiary does not waive Beneficiary's right to later cansider the event a default if it cantinues 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 Tn�stor breaches any covenant in this Security <br /> Instrum�ent. 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 �nterest from the date of the <br /> payment un61 paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Tn�stor agrees <br /> to pay all costs and expenses incurred by Beneficiary in collecting, enforoing or protecting Beneficiary's rights and <br /> rea�edies under this Security Instnunent. 11us amount may include, but is not limitsd to, attomeys' fees, court costs, and <br /> other legal expenses. This Security Instrument shall remain in effect until releasecl. Tivstor agrees to pay for any <br /> recordation costs of such release. <br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in tlus section, (1) Enviranmental Iaw <br /> means, without limitation, the Comprehensive Environa�ental Respanse, Compensatian and Liability Act (CERCLA, 42 <br /> U.S.C. 9601 et seq.), and all other fe�leral, state and local laws, regulations, ordinances, court orders, attorney general <br /> apinions or interpretive letters concerning the public health, safety, welfare, enviranment or a hazardous substance; and (2) <br /> Ha7atdous Substffice means any touc, radioactive or ha7ardous material, waste, pollutant or contaminant which has <br /> characteristics wluch render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br /> enviranment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br /> "hazardous waste"or"hazardous substance"under any Enviranmental Law. <br /> Trustor represents,warrants�d agrees that: <br /> A.Except as previously disclosed and aclrnowledged 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 quantiries of Hazardous <br /> Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br /> B. Except as previously disclose� and acl�owledged m writing to Beneficiary, Trustor and every tenant have been, are, <br />! �d 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 Hazaidous 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, Tnistor shall take all necessary remedial action in accordance with any Environaiental 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 proceeciing relating to the release or threatened release of any Hazardous <br /> Substance or the violakion of any Enviranmental Law. <br /> 18. CONDEMNATION. Trustor will give Beneficiary pmmpt notice of any pending or threatened action, by private or public <br /> entities to purchase or take aay or all of the Property through condemnation, eminent domain, or any other means. Trustor <br /> � GT 1 28-090 (1 1/97) /page 4 of 61 <br /> �1994 Bankera Systems,Inc.,St.Cloud,MN Form GTH-MTGLAZNE 1/8/98 <br /> - .Y <br />