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200303124 <br />14. DEFAULT. Truster will be in default if any party obligated on the Secured Debt fails to make payment when due. Truster <br />will be in default if a breach occurs under the terms of this Security Instrument or an other document executed for the <br />purpose of creating secaring or guarmaymg the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any <br />lime is insecure with respcct to any person or entity obligated on t c 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 some 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 manner provided <br />by law if Trustor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after Loving notice if required by law, upon the occurrence of a default or anytime thereafter. <br />In addition, Beneficiary shall be entitled to all the remedies provided y law, the terms of the Secured Debt, this Security <br />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 to 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 and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Proterty <br />sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary <br />all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest therein, and the <br />principal and interest un the Secured Debt, 4'aying the surplus, if any, to Truster. Beneficiary may purchase the Property. <br />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 Beneficiary is entitled to all remorlics provided at law or <br />equity, whether or not expressly set forth. The acceptance by Beneficiary o 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 waiver <br />of Beneficiary s right to require complete cure of any existing default. By not exercising any rcmcoly on Trustor's default, <br />BencBciary does not waive Beneficiary's right to late 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, Trustor agrees to pay all of Beneficiary's expenses if Trustor brenchcs any covenant in this Security <br />Instrument. Trustor 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 to full 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 colleting, enforcing or protecting, Beneficiary's rights and <br />remedies under this Security Instrumtml. This amount may include, but is not limited to, adonleys' 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, Cnnnpensalion and Liability Act (CERCLA, 42 <br />U.S.C. 9601 a scoh), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />uppinlens or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) <br />Iazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br />Characteristics 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 />Truster 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 or released on or in the property. This restriction does not apply to stroll quantities of Haiardous <br />Substances that are gcrmerally 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, and shall remain in full compliance with any applicable Environmental Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened rclaese 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 />D. Truster shall imrediately 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 telcasc 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 lake any or all of the Property through condenmation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in Truster's name in any of the above described actions or claims. Trustor assigns to <br />Benefneiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any <br />nazi of the Properly. 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 terms of any prior mortgage, deed of trust, security agreement or <br />other lien document. <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, 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 />periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to <br />Beneficiary's approval, which shall not be unreasonably withheld. 1 Trustor fails to maintain the coverage described above, <br />Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />terms of this Security Instrument. <br />All insurance policies and renewals shall be anptable to Beneficiary and shall include a standard "mortgage clause" and, <br />Where applicable, 'loss payee clause." Truster immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right ro hold the policies and renewals. If Beneficiary requires, Truster shall <br />Immediately give to Beneficiary all receipts of paid preniums and renewal notices. Upon loss, Trustor shall give immediate <br />notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Trustor. <br />„ (page 3 of d) <br />199A Drinker Synmt, Inc, St. CIOOE. MN p 800 J07 13E1) Form FLa4NF 101111W <br />®® - CI66(NE) ooreroc <br />