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200411742 <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial <br />statement or inhrmnadon Beneficiary may deem reasonably necessary, Truster agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve <br />Tina en's obligations under this Security instrument mid Beneficiary's lien status on the Property. <br />6. WARRANTY 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 irrevocably grant, convey, and sell the Property to Trustee, in trust, with power <br />of sale. Trustor also wan'ants that the Property is unencumbered, except for encumbrances of record. <br />7. DUE. ON SALE. Beneficiary may, at its option, declam 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 subject <br />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 deem: <br />Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt <br />[hat is an open end home equity plan. <br />Payments. Any Consumer Borrower on arty Secured Debt that is an open end home equity plan fails to make a payment <br />when due. <br />Property. Any action or inaction by the Borrower or Truster occurs that adversely affects the Property or Beneficiary's <br />rights in the Property. This includes, but is not limited to, the following: (a) Trustor fails hi maintain required <br />insurance on the Property, (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses <br />or fails to maintain the Property such that the action or inaction adversely affects Beneficiary's security: (d) Trustor fails <br />to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is <br />senior to the lien of this Security Instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any Trustor dies and <br />Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed <br />against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's interest; or (i) a prior <br />lienholder forecloses on the Property and as a result, Beneficiary's interest is adversely affected. <br />Executive Officers. Any Burrower 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 <br />and regulations. <br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, <br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if <br />Trustor is in default. In some instances, federal and state law will require Beneficiary to provide 'fnnstor with notice of <br />the right to cure, or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy <br />of any notice of default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section t <br />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 of 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, title <br />and interest of Trustor at such lime 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 <br />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 Elie Severed 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 ford' <br />Ihemin. <br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or <br />is accelerated or after foreclosure proceedings are tiled shall not constitute a waiver of Beneficiary's right to require <br />complete cure of any existing default. By not exercising any remedy on Trution's default, Beneficiary does not waive <br />Beneficiary's right to later consider the event a default if it happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br />any covenant in this Security instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such <br />covenants or protecting its security interest in the Property. Such expapses include, but are not limited to, fees incurred <br />for inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest, These expenses are <br />payable on demand and will bear interest from the date of payment until raid in full at the highest rate of interest in <br />effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary <br />in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument. This amount may <br />include, but is not limited m, Trustee's fees, court costs, and other legal expenses. 'to the extent permitted by the <br />United States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the <br />Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code, This Security Instrument shall <br />remain in effect unto mleased. Tmstor agrees to pay for any recordation costs of such release. <br />11. 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 (CERCI.A, 42 <br />U.S.C. 9601 et sell.), and all other federal, slate and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning one public health, safety, welfare, environment or a hazardous substance; and <br />(2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br />characteristics which render the substance dangerous or pmenlially dangerous to the public health, safety, welfare or <br />environment. The tern 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 mid agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Snhstancc is or will be <br />located, stored or released on or in the Property. This restriction does not apply to small quantities 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 disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, <br />arc, mid shall remain to full compliance with any applicable irvirorunenml 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 Properly 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 />c�- YiC fPsg Of <br />4/IY %) <br />^F�I�Li Q 199J 6anMam 6ysleins, Ina. St CIOUE. MN Fo,m Ocl PE01 -ak 1(JOI000r /yl� <br />®- C465(NE) mien <br />O <br />