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200300013 <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor <br />will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the <br />purpose Of creating, securing or guarantying the Secured Debt. A good fzitt belief by Beneficiary that Beneficiary at any <br />time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or <br />the value of the Property is impaired shall also constitute an event of default. <br />15. REMEDIES ON DEFAULT. In name instances, federal 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 Secured Debt and foreclose This Security Instrument in a nhanner <br />provided by law if Trustor is in default. <br />At the option of Beneficiary, all or any pan of the agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after giving notice if required by law, upon We occurrence of a default or anytime <br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terns 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 separate parcels at public auction nh the highest bidder for cash and convey absolute <br />title free and clear of all right, title and interest of Truster 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 acid 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 Truster. 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, cumulative and not exclusive, and the Rcncficiary is entitled to all remedies provided 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 Truster's <br />default, Beneficiary dues 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, Truster agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security <br />Instrument Truster will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest from the date of the <br />payment until paid in fill 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 incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br />remedies under this Security Instrument. '1Lis 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 Lability Act (CERCLA, 42 <br />U.S.C. 9601 cT .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 />characicrisuca 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 />Trnstor represents, warrants and agrees that <br />A. Except as previously disclosed and acknowledged in writing to Rcncficiary, 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 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, are, <br />and shall remain in full compliance with any applicable Environmental Law. <br />C- Trnstor shall immediately notify Beneficiary if a release or threatened release of a hazardous Substance occurs on, <br />muter or about the Property or there is a violation of any Environmental Law concerning die 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 condemnation, eminent domain, or any other means. 'Trustor <br />authorizes Beneficiary to intervene in Truaor'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 temps of any prior mortgage, deed of trust, security agreement or <br />other lien document. <br />19. INSURANCE. Truster shall keep Property insured against loss by fire, Rood, 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 />licriuds that Beneficiary requires. What Lender requires pursuant to the preceding sentence can change during the term of <br />the loan. The insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which <br />shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, aT <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according To the [cur s of this Security <br />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." Truster shall immediately notify Beneficiary of cancellation or termination 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 4/ <br />�lssa e,l1— Yyelamz. Inc, St C—d, AN rmm RE CT NE 1/3012002 <br />