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200409209 <br />Financial Reports and Additional Documents. Truster will provide to Beneficiary upon request, any financial statement <br />or information Beneficiary ma deem reasonably necessary. Truster agrees to sign, deliver, and file any additional <br />documents or certifications that Beneficiary may consider necessary to perfect, cominue, and preserve Truster's obligations <br />under this Security Instrument and Beneficiary's lien states on the Property. <br />6. WARRANTY OF TITLE. Trusmr warrants that Toaster 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. Tmstor 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 m 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 />S. DEFAULT. Truster 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 due. <br />Pro P <br />erry A nyy action or inaction by the Borrower or Truster occurs that adversely affects the Property or Beneficiary's <br />rights m th e Property. TWs includes, but E not limited to, the following: (a) Truster farts [o mainmin required insurance <br />on the Property; (b) Truster transfers the Property; (c) Tmstor cemmrts waste o[ otherwise deswettvely uses or fads to <br />maintain the Property such that the action or inachon adversely affects Beneficiary 's security; (d) Trusmr fails to pa razes <br />on the Property or otherwise fails to act sail thereby causes a Iten to be fled against the Propperty that is senior m the lien <br />of this Security InsnumenG (e) a sole Trusmr dies; (� ff mole than one Truster, any 'frus[or dies and Beneficiary's <br />security is is affected; (g) the Propetty is take¢ through eminent domain; (h) a judgment is filed against Trusmr and <br />subjects Trusto, and the Property to action that adversely affects Beneficiary's interest, or (i) a prior lieuholder forecloses <br />on [he Property and ns a result, Beneficiary's interest is adversely affected. <br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such Borrower becomes <br />indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and <br />regulations. <br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Securi ty Instrument, <br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Tmstor <br />is in default In some instances, federal and state law will require Beneficiary to Provide Truster with notice of the right m <br />cure, or other notices and ma establish time schedules for foreclosure actions. Each Truster requests a copy of any notice <br />of default and any notice of sae thereunder be mailed to each Tmstor a[ the address provided in Section 1 above. <br />At the option of the Beneficiary, all or any part of the agreed fees and charges, seemed 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. <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, tale <br />and interest of T[ustor at such time and place as Trustee designates. Trustee shall give notice of sale including the time, <br />terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of <br />the proposed sale. <br />Upon sale of the Property and m the extent not prohibited by law, Trustee shall crake 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 princepal and interest on the Secured Debt, paying, the surplus, if any, to Trus[or. 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 />The acceptance by Beneficiary of any sum in pa ent or partial payment on the Secured Debt after the balance u due or is <br />accelerated or after foreclosure proceedings are fled shall not constitute a waiver of Beneficiary's right m require complete <br />cure of any existing default. By net exercising any remedy on Truslor's default, Beneficiary does act waive Beneficiary's <br />right to later consider the event a default if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS ATTORNEYS' FEES; COLLECTION COSTS. If Truster breaches <br />any covenant in this Security Instrument, Trusmr agrees to pay all expenses Beneficiary incurs in perfuming such <br />covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for <br />inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are payable <br />on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as <br />provided in the terms of the Secured Deb[. Truster agrees to pay all costs and expenses incurred by Beneficiary in <br />collects , enforcing or pretecting Beneficiary's rights and remedies order this Security Instrument. This amount may <br />include, but is cot Iwi[eA lo, Trustee's fees, court costs, and other legal expenses. To the extent permitted by the United <br />States Bankruptcy Code, Trustor agrees to pay die reasonable attorneys fees Beneficiary incurs to collect [he Secured Debt <br />as awarded by any court exercising jurisdiction under the Bankmptcy Code. This Security lounur em shall remain in effect <br />until released. Tms agrees to pay for any recordation costs of such release. <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, Sl) Environmental Law <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liabi'iiry 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, envirom ent 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 dangemus to the public health, safety, welfare or <br />environment. The room includes, without limation, any substances defined as "hazardous material," "mxic substances," <br />"hazardous waste" or "hazardous substance" it <br />under any Environmental Law. <br />Truster represents, warrants and agrees [hat: <br />A. Except as previously disclosed and acknowledged in writigg; to, BeWfjciary,_no..Hazatdnua..$ubstaoce is or will be <br />located, stored or released on or in the Property. This restriction does not apply„[0 sm§ll quantities of Hazardous <br />Substa nces that are generally recognized to he appropriate for the normal use and maintenance otthe Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Truster and every'am nt have been, are, <br />and shall terrain in full compliance with any applicable Environmental Law. -- .. - - <br />C. Truster shall immediately notify Beneficiary d 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, Truster shall take all necessary remedial action in accordance with any Environmental Law. <br />lvev..a „tai <br />F ®ivva s. "v.n strum•. �� =.. s..awe, an r.,m ocv.a[or -nr rrarnaos ` /(t/ — <br />