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..200304772 <br />14. DEFAULT. Trustor will be in default it any party obligated on the Secured Debt fails m snake payment when due. Truster <br />will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the <br />purpose of creating, securing or guarantying the Secured Debt. A good failh belief by Beneficiary that Beneficiary at any <br />time is insecure with respect to any person or entity obligated on the 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 q'rustor with <br />notice of the right to ewe 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 <br />provided by law if Tmstor 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 giving notice if required by law, upon the occurrence of a default or anytime <br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt, <br />this Security 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 char 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 m be sold as required by the <br />applicable law in effect at the nine 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 m the Property <br />sold which conveys absolute title to the 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 Tmstor. Beneficiary may <br />purchase the Property. 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 remedies provided at law or <br />equity, whether or not expressly set forth. The acceptance by Beneficiary of 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 <br />waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Tmstor's <br />default, Beneficiary does not waive Beneficiary's right to later consider the event a default it 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 breaches 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 in full at the highest interest rate in effect as provided in me terms of the Secured Debt. Trustor agrees <br />to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br />remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' 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, Compensation and Liability Act (CERCLA, 42 <br />U.S.C. 9601 et seq.), and all omer federal, state and local laws, regulations, ordinances, court orders, attorney geuelel <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) <br />Hazardous 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 />Tmstor 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 small quantities of hazardous <br />Substances mat are generally 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, are, <br />and shall remain in full compliance with any applicable Environmental Law, <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, <br />under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an <br />event, Trustor shall lake all necessary remedial action in accordance with any Environmental Law. <br />D. Trustor shall immediately 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 release 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 take any or all of the Property through condemnation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any <br />part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security <br />Morurnent.:Pns ass gniocm of proceeds is subject to me 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 tire, 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. What Lender requires pursuant to die preceding sentence can change during the tern of <br />the loan. The insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which <br />shall not he unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terms of this Security <br />Instrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause' and, <br />where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies and renewals. If IIeaefurary- .uaFmures. Tins. �.._, shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices 4i]k,rm l&5 - 1fniolowwo rove <br />inmmediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof o 19f5 i7S{rryalanedialRbyl <br />'I rusmr. <br />3bf 41 <br />°d 1996 fim4eo 6p,eme, <br />111, 11 f.InuA, MN Po,m PEm -NE 113 014 0 0 4 <br />