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200301754 <br />14. DEFAULT. Truster JAI nit'def'aulE 2 any party obligated on the Secured Debt fails m make paynnan when due. Trustor <br />will be in default If bre�Iefwia is under the terms of this Security Instrument or any other document executed for the <br />purpose of creating, lieutrring ol'glurantying the Seeurdd Debt. A good faith belief by Beneficiary that Beneficiary At any <br />time is insecure with respect to any person or entity obligated on the Secured Debt or Iha1 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 some inxtances, federal and state law will require Beneficiary to provide Tmslor with <br />noltu: 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 lusttumem in a manner <br />provided by Law if Trusmr 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 entice if required by law, upon the occurrence of a default or anytime <br />thereafter. In addition, Beneficiary shall he entitled to all the remedies provided by law, the terms of the Secured Debt, <br />this Security Instrmoud and any related documents, including without limitation, the power to sell the Property. <br />If there is a default, Trustee shalt, in addition to any other pertained rernedy, at the request of the Beneficiary, advertise <br />and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute <br />title free lend clear of all right, title and interest of Trusor at such time and place as Trustee designates- Trustee shall give <br />notice of sale Including the time, terms and place of safe and a description of the pmpery to be sold as required by the <br />applicable law in effect AT the [line 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 m <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 arty, to Truster. Beneficiary may <br />purchase the Property. 'L'he recitals in any deed of conveyance shall he prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided al 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 nr after foreclosure proceedings are filed shall not constitute a <br />waiver of Beneficiary's right le require comple , cure of any existing default. By not exercising any remedy on Trustur's <br />default, Beneficiary do" not waive Beneficiary's right to later consider the event a default if it unn intr s or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. except when <br />prohibited by law, Truster agrees In pay all of Beneficiary's expenses if Truster breaches any covenant in Ibis Security <br />Instrument. Trusmr 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 full at the highest interest rate in effect as provided in the terms of the Secured Debt_ Trustor agaves <br />or pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br />remedies under this Security lustrument_ This amount may include, but is not Ihnited to, attorneys' fees, court costs, and <br />other legal expenses. This Security lrwtrument shall remain in effect until released. 'Irustor 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, Compensariau and Liability Act (CCRCLA, 42 <br />II_S.C. 9601 of segJ, and all other federal, state and Local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive Letters concerning the public health, safely, welfare, environment or a hazardous substance; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or comamioant which has <br />characteristics which tender 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 smec ice" under any Environmental Law. <br />TrusLot 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 nr released ern 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 w BamGeiary, 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, '1'castor shall lake all necessary remedial action in accordance with any Environmental Law. <br />D. Tmsmr shall immediately notify Beneficiary in writing as soon as'1'roster 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 Ibreatcncd action, by private or public <br />entities to purchase or take any or all of the Property through umdunnation, cmincat domain, or any other means. '1'roster <br />authorizes Beneficiary to intervene in Trustor'S name in any of the above described actions or claims- Tmslor assigns or <br />Beneficiary The proceeds of any award or claim for damages connected with a condemnation or other taking Or all or any <br />par, of the Property. Such proceeds shall be considered paymwls and will he applied as provided in this Security <br />Instrument. This assignment of proceeds is subject to the morns of any prior mortgage, deed of trust, security agreement or <br />Other lWo thleunlent. <br />19. INSURANCE. Truster shall keep Property insured against loss by lire, flood, theft and other hazards and risks reasonably <br />associated with the Property due w in type and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence can change during the temt 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 naintain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terms of this Security <br />Instrument. <br />AIL insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, <br />where applicable, "loss payee clause." 'I'mstor shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right m held the policies and renewals. If Beneficiary requires, Trustor shall <br />hmnedimely, give to Beneficiary all receipts of paid premiums and renewal notices. Upon loxs, Truster shall give <br />inunetiate notice to the insurance carrier and Beneficiary _ Beneficiary may make proof of loss if not made inmtediately by <br />Trustor. <br />err& �,ssce.ok.rssyr i11,S1 Ce1e,mm Fo ,merOTerr 1.3030o3 ✓'�� (p�9e� -+1'� <br />t <br />