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200303132 <br />Financial Reports and Additional Documents. Truster will provide to Beneticiary upon request, any financial statement <br />or information Beneficiary mayy deem reasonably necessary. Tmstor ayyIrus m sign, deliver, and file any additional <br />documents or cerutications that Bencficiary may consider necessary to per Yeet, continue, and preserve Trusmr's obligations <br />order this Security Instrument and Beneficiary 's lien slaws on die Property. <br />6. WARRANTY OF TITLE. Trustor warrants dint 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 die Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. DUE ON.SALR. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately dice and <br />payable upon the creation o , ter 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 />8. DEFAULT. Trustor 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 />Property. Any a 0 on or inaction by the Borrower or Tmstor occurs that adversely affe;ts [he Property or Beneficiary's <br />nghts nl the Property 'Phis includes, but is not lion to, die following: (a) 'frus[or fails to mainlai¢ myuirel insurance <br />on the Pmpcny; (h) Tmstor transfers the Property; (c) Truster commits wasn; or otherwise destmedvely uses or fails to <br />maintain the Property such that the action or fraction adversely affecas Beneficiary 's awurity; ('d) Tmstor fails to pay taxes <br />mi [he Pro perty or otherwise fails to act and thereby causes a lien to be filed against the Property that ta senior m die lien <br />of this Security Instrument, (e) a sole Tmstor dies; (r if mom than mnc Tmstor, any Tmstor dies and Beneficiary's <br />security is adversely affected; (g) the Property is taken through em!nem domain; (h) a judgmcm is filed against Trustor and <br />subjects Tmstor and the P[o�erty to actton that adversely affn;tr Beneficiary's interest or (i) a prior lienholder forocloscs <br />on the Property amt as a resu t, 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 tams of this Security Instrument, <br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Trustor <br />is in default. In some instances, federal and state law will require Beneficiary w�sovide Tmstor with notice of the right to <br />cure, or other notices and ma establish time schedules for foreclosure actions ach Trustor requests a copy of any notice <br />of default and any notice of sale thereunder be matter) to each Trustor at the address provided in Section 1 above <br />At the option of the Beneficiary, all or any par[ of the agreed fees and charges, accrurd 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 thcrc is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Properly 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 it at, tide <br />and Interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale including re tine, <br />terms and place of sale and a description of the property in be sold as required by the applicable law in effect at the time cf <br />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 tide to are 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 'Trustor Beneficiary may <br />purchase the Propetty. The recitals in any deed of conveyance shall be prima facie cvidencc of the facts set forth therein. <br />the acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is <br />accelerated or after toreclosi re proceedings ate filed shall not constitute a waiver of Beneficiary's right to inquire complete <br />cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's <br />right to later consider the event a default if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANT'S; ATTORNEYS' FEES; COLLECTION COST'S. If Trustor breaches <br />any covenant in this Security Instrument, Twister agrees to pay all expenses Beneficiary incurs in performing such <br />covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fens incurred for <br />inspecting, preserving, or otherwise proteetin 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 Late of interest a effect as <br />provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Bcncfieiary in <br />collecting e¢ forcing or rotecttng Beneficiary's rights and remedies under this Security Instrument. This amount may <br />include, but is not limited to, Trestai s fees, court costs, and other legal expenses. To the extent permitted by the United <br />States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys fees Beneficiary incurs to collect the Secured Debt <br />as awarded by any court exercising jurisdiction under the Bankruptcy Codc, This Security Instrument shall remain in effect <br />until released, Trustor agrees to pay for any recordation costs of such release. <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBST'AN'CES. As used in this section, (1) Environmental Law <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CFRCLA, 42 <br />U.S.C. 9601 st seq.), and al! other federal, state and loci! laws, regulation, ordinances, ¢atrt orders, attorney general <br />opinions or interpretive letters concerning die public health, safety, welfare, environment or a hazardous substance; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, �olluunt or conlaminam 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 a, "hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance' under any Envirenunental Law. <br />Trustor represents, warrants and agrees that; <br />A. Except as previously disclosed and acknowledged rn writt Net, eficiary, no Hazardous Substance is or will be <br />located, stored or released on of m the Pmpetly- This resvtuandfias of Hxr.erdous <br />Substances that arc generally recognized to be appropriate fo} up:.end mainieuarce o Ne Property. <br />B. Except as previously disclosed and acknowledged in wntin eiary. Ttugor a suer tenant have been, are, <br />and shall remain in full compliance with any applicable Enviaw. <br />C. Trustor shall immediately notify Beneficiary of a release or threatened mlcasc of a Hazardous Substance occurs on, <br />under or about the Property or there is a violation of any Environmental Haw concerning the Property. In such an <br />event, Trusun shall take all necessary remedial action in accordance with any Environmental law. <br />(Pa9e 3 oI 41 <br />© l ay6 tlankers 5yslems, Inc., St Cl..I, .n 1— OLPArm ul 11B.12.Cs <br />