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200304744 <br />Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's rights in <br />the Property. This includes, but is not limited to, the following: (a) Truster fails to maintain required insurance On the Property; (b) <br />Trustor transfers the Property; (c) Triaxo r svmmlts waste or otherwise destructively uses or fails to maintain the Property such that <br />the action or inaction adversely affects Beneficiary's security; (d) Trustor fit Ia to pay taxes on the Property or otherwise fails to ad <br />and thereby causes a lien to be filed against the Pmperty that is senior to the lien of this Security Instrument, (c) u sole Trustor dies, <br />(f) if more than one Trustor, day Trustor dies and beneficiary's security is adversely affected; (g) the Propel'[y is taken Through <br />eminent domain; (h) ajudglncnt is filed against Trustor and s.6lccts Trustor and the Property to action that adversely affects <br />Beneficuuy's interest; or fit a prior lienholdei forecloses on the Property and as a result, Beneficiary's interest is adversely <br />affected. <br />Executive Officers. Any Borrower is an executive officer of Beneficiary of an off l i ate and such l lot rower becomes indebted] to <br />Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. <br />9. RE MED I ES ON DEFA U LT. In add it ion to any other remedy available under the terms ofthis Security l nstru anent, Beneficiary <br />may accelefate the Secured Debt and tareclose this Security Instrument in a manner provided bylaw if Trustor is In default- In <br />soma instances, federal and state Iuw will require Beneficiary to pruv ide Trustor with notice of the ri_;ht to care, Or other notices and <br />may establsh time schedules for foreclosure actions- bach'frustor requests a copy of any notice of default and any nonce of sole <br />thereunder be marled to each TmsLar it (lie address provided in Section I above. <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 Jac and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. <br />If there is a default, Trustee steal I, at the request of the Beneficiary, advertise and sell (lie Property as a whole or in separate parcels <br />at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at <br />such tine and place as Trustee designates, Trustee shell give notice of site including the hung, terms and place of sale and it <br />description of the property to be sold as required by the applicable law in effect at the time of the fir eposed s'alc. <br />Upon sale of the Property and to the extent not prohibited by law, Trustee sliall make and deliver a deed to the In'operty sold which <br />conveys absolute title to the pw chaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys <br />advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and micros( thereon, and the principal and interest <br />on the Secured Debt, paying the surplus, if any, to Ti stor Beneficiary may purchase the Property. Tine recitals in any decd of <br />conveyance shall be prima facie evidence of the facts set forth therein <br />The acceptance by Beneficiary of any sum in paymenter partial payment on the Secured Debt after the balance is due or is <br />accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Bcncficlury's right to require complete care it <br />any existing default By net excreting ony remedy on Trustor'sdefault, Beneficiary does not waive Beneficiary's right to Inver <br />consider the event a default it it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor brae hes any <br />covenant in this Security Instrument, Trustor agrees to pay al I expenses Beneficiary incurs in perforating such covenacrs or <br />protecting its security interest in the Property. Such expenses include, but arc not limited to, fees incurred Car Inspecting, <br />preseinng, or otherwise protecting the Property and Bcncficiary's security interest. Those cxpenses are payable on demand and <br />will bear interest from the data ofPcvmvu until paid in full at the highest rote of Interest in effect as provided in the terms of the <br />Secured Debt. Trustor, agrees to pay all costs and expenses incurred by Beneficiary in colleetiug enforcing it prow cring <br />Beneficiary's rights and mnu.�dies under this Sodomy Instrument. "Phis amount may include, but Is not limited to- Trustee's fens, <br />court cost, and other legal expenses, To the extent permitted by the United States Bankruptcy Codo, Tru tdr agrees to pay the <br />reasonable attorneys' fees Beneficiary incurs to collect the Seared Debt as awarded by any court exereis'iog]urisdidlon under the <br />Bankruptcy Coda This Security Instrument shall remain in effect until released. Trustor agrees to pay for any rewrdution costs of <br />such release. <br />11. ENVIRONMEN TAL LAWS AND HAZARDOUS . SUBSTANC ES. As used in this section,(' I) Environmental Law means, <br />without Iimust o , the Comprehensive Env ronmcntal Response, Compensation and Liability Act (CERCLA, 42 L.S.C. 9601 or <br />sot,.), and oll other federal, state and local laws, regul,nars, ordinances, court coders, aItOmcy gcncml opinions in <br />letters concerning the public health, safety, welfare, enviraanentor a hazardous substance; and (2) Hazardous Substance uncoils out <br />foxIe, adioactive or hazardous material, waste, pollutant or contaminant which has char acteristics which render the substance <br />dangerous or potentially dangerous to the public health, safety, welfare or unv'u'omnent The term includes, without limitation, anv <br />substances defined'as'9razardous material," "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 lucuted, <br />stored ur released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are <br />generally recognized to be appropriate for the normal use and maintenance of the Property. 12776 <br />Lxpara— D1994 Hankers S'ystenu, lea, St Claud, MN Ibrm USBOCRDT -NE 9/512001 <br />(page = tit 61 <br />