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200303704 <br />Property. Any action or inaction by the Borrower or Tryon that adversely affects the Property or Beneficiary's rights in <br />the Property. This includes, but is not Dmned to, the following: (a) Trustor fails to nraintoio required insurance on the Property; (b) <br />'Trustor tramfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails to maintain the Property such that <br />the action or inaction adversely affects Beneficiary's security; (d)'I'rmter fails to pay taxes on the Property, or otherwise fails to act <br />and thereby causes a lion to be filed against the Property that is senior to the Ilea ofthis Security Instrument, (e) a sole Tmstor dies; <br />(t) if more than one 'I'faster, any Tms'tur dies and Beneficiary's security is adversely affected; (g) the Property is taken through <br />eminent domain; (h) ajudgment is filed against Trustor and subjects Trustor and the Property to action that adversely affects <br />Beneficiary's interest, or fit a prior lienholder forecloses on the Property and as a result, Beneficiary's interest is adversely <br />affected, <br />Executive Officers. Any Believe, is an executive officer of Beneficiary or an affiliate and such Borrower becomes indebted to <br />Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. <br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms ofthis Security Instrument, Beneficiary <br />may accelerate the Secured Debt and bootless this Security Imlrenenl in a mminer provided by law if Truster is in default In <br />some ins'Iances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure, or other notices and <br />may establish time schedules for foreclosure actions- Fach Toaster requests a copy of any notice ofdePoult and any notice of sale <br />thereunder he mailed to each Truster at the address provided in Section I shave. <br />At the option of the Beneficiary, all or any part 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 the occun'ence ore deflult or anytime thereafter. <br />If there it a default,'1'rustcc shall, at the request of the Beneficiary, advertise and sell the Property as a whole ca ill separate parcels <br />at public auction to the highest bidder for cash and convey absolute title free and clear of all right, tide and interest of enter at <br />such time and place as Ti stee designates- 'Trustee shall give notice of sale including the time, terms and place of sale and a <br />description of the property to be sold as required by the applicable law in effect ut the time of the proposed sale <br />Upan sale ofthe Property and to the extent not prohibited by law, Trustee shall make and deliver a decd la the Property said which <br />conveys absolute title to the purchaser, and after fast paying all fees, charges and costs, shall pay to Beneficiary all moneys <br />advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest <br />on the Secured Debt, paying the surplus, it any, to'Itustor. Beneficiary may purchase the Property. The recitals in any deed of <br />conveyance shall be prima facie evidence of the flair set forth therein. <br />The acceptance by Beneficiary of any sun in payment on partial payment on the Secured Debt after the bulance is due or is <br />accelerated or afar foreclosure proceedings are Filed shall not constitute a waiver of Beneficiary's right to require complete cure of <br />any existing default By not exercising any rcmcdy on Trustor's default, Beneficiary does not waive Beneficiary's right to later <br />consider the event a default if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Tmstor breaches any <br />covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such covenants or <br />protecting its security interest in the Property. Such expenses include, butare not limited to, fees incurred fur inspecting, <br />preserving, or otherwise protecting the Property and Beneficiary's security interest These expenses are payable on demand and <br />will bear interest from the date ofpayment until paid in full at the highest late of interest in effect as provided in the terms of the <br />Secured Debt, Trustor agrees to pay ill costs and expenses incurred by Beneficiary in collecting, enforcing or protecting <br />Beneficiary's rights and remedies under this Security Instrument I' his amount may include, but is not limited to, Trustee's fees, <br />corm costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Trustor agrees to pay the <br />reasonable attomeys' fees Beneficiary incurs to collect the Secured Debt as awarded by any court exorcising junta iction under the <br />Bankruptcy Code, This Security Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of <br />such release. <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this. .,,clam, (1) En,... mental Law means, <br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CBl(CLA, 42 U.S.C. 9601 at <br />seq -), and all other federal, stare and local laws, regulations, ualinances, court orders, attorney general opinions or interpretive <br />letters concerning the public health, safety, welfare, environment or a hazurdlous substance; and (2) Hazardous Substance means any <br />toxic, mdivactive or hazurdous material, waste, pollutant or contaminant which has characteristics Much render the substance <br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without horacfion, any <br />substances defined as -'hazardous malarial; toxic substances, "hazardous waste' or " hazardous substance" under any <br />Environmental law_ <br />Trustor represents, warrants and agrees that: <br />A .Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be flared, <br />stared or released on or in the Property_ This restriction does not apply to small quantities of Hazardous Substances that arc <br />generally ecu8nind in be appropriate for the normal use and maintenance of the Property. 12776 <br />Pxpere'® C1994®nnkels Systems, I nc, St_ Cloud, TAN PomUSDOCP -DT -NE 9 /5/2001 <br />(,.,, 4 of 6) <br />