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)
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