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200200433
<br />Financial Reports and Additional Documents. 'Truster will provide to Benefidary upon request, any financial
<br />statement or information Beneficiary may deem reasonably ncccssarv. Trustor agrees to sign, deliver, mid file any
<br />additional documents or certifications that Beneficiary may consider necessary to perfect, Imminue, and preserve
<br />Tmstm` s obligations under this Security histrumem and Beneficiary's lien status on the Property.
<br />6. WARRANTY OF TITLE. Trustor wand. that Trustor is or will be lawfully seizud of to estate conveyed by this
<br />Security Instrument and has the right to irrevocably grant, convey, said sell the Property to 'Trustee, in trust, with power
<br />of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record.
<br />7. DUE ON SALE. Beneficiary may, m its option, declare the emire balance of the Secured Debt to be immediately due
<br />and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property . This right is subject
<br />to the restrictions imposed by federal law (12 C.F.R. 591), as applicable
<br />8. DEFAULT. Trustor will be in default if arty of the following occur:
<br />Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt
<br />that is an open end home equity plan.
<br />Payments. Any Consumer Borrower ma any Secured Debt that is an open end home equity plan fails to make a payment
<br />when duo
<br />Property. Any action or inactionby the Borrower Or Trustor occurs that adversely affects the Property or Beneficiary's
<br />rights in the Property. This includes, but is not limited to, to following: (a) Trustor fails to maintain required
<br />insurance on the Property; (b) Trustor transfers the Property, (c) Trustor Commits waste or otherwise destructively uses
<br />or fails to mtdntain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustor fails
<br />to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is
<br />senior to the lien of this Security Instrument; (e) a sole Trustor dies; (I) if more than one Trustor, arty Tmstor dies and
<br />Beneficiary's security is adversely affected; (g) the Property is taken through current domain; (h) aIishuent is filed
<br />against Trustor and subjects Trustor mid the Property to action that adversely affects Beneficiary's interest; or (i) a prior
<br />healmlder forecloses on the Property and as a result, Beneficiary's interest is adversely affected.
<br />Executive Officers. Any Borrower is an executive officer of Buleficiary or oar affiliate and such Borrower becomes
<br />indebted to Beneficiary or another lender in an aggregate amount greater than the amount peoitted under federal laws
<br />mid regulations.
<br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Institution,
<br />Beneficiary nay accelerate the Secured Debt and foreclose this Security Ingrarmnt in a usurer provided by law if
<br />Trustor is in default. in ..tire instances, federal and state law will require Beneficiary to provide Trustor with notice of
<br />the right to cure , or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy
<br />of any notice of default and airy notice of sale thereunder be mailed to each Tmstor at the address provided in Section 1
<br />above.
<br />At the option of the Beneficiary, all or any part of the agreed fees and charges, seemed interest and principal .shalt
<br />become immediately due and payable, after giving ounce of required by law, upon the occurrence of a default or
<br />anytime thereafter.
<br />If there is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Pro perty as a whole or in
<br />separate parcels at public auction to die highest bidder for cash and convey absolute title free and clear of all right, rifle
<br />and interest of Trustor at such time and place as Trustee designates. Trustee shall give ounce of sale including die tune,
<br />terms and place of sale and a description of the property to be sold as required by Lire applicable law in effect at the time
<br />of the proposed sale.
<br />Upon sale of the property and to the extent iml ppolibited by law, Trustee shall make and deliver a deed to 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 Dcbu, paying the surplus, if any, to Tmstor. Beneficiary may
<br />purchase the Property. The recitals in any deed of conveyance shall be pains facie evidence of the facts set forth
<br />therein.
<br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is date or
<br />IS accelerated or alter foreclosure proceedings are filed Shall not constitute a waiver of Bemeflciarv's right to require
<br />complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does rut waive
<br />Beneficiary's right to later consider the event a default if it happenis again.
<br />lb. EXPENSES; ADVANCES ON COVENANTS; AT'T'ORNEYS' FEES; COLLECTION COSTS. If Traitor breaches
<br />any covenant in this Security Insmnnent, Tmsmr 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, fees incurred
<br />for inspecting, preserving, or otherwise protecting the Pro perty and Beneficiary's security interest. These expenses sure
<br />payable on commit and will bear interest from the date o4 payment until paid in full at the highest rate of interest in
<br />effect as provided in the Ienns of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary
<br />in collecting, enforcing or protecting Beneficiary's rights and remedies under this Securityty Instrument Thus amount may
<br />include, but is not limited m, Trustee's fees, court coats, and other legal espeases. To the extent permitted by the
<br />United Stores Bankruptcy Code, Trustor agrees to pay tie reasomble attorneys' fees Beneficiary incurs to collect the
<br />Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code, This Security Instr nmmal shall
<br />remain in effect until released. Trustor agrees to pay for any recordation costs of such release.
<br />11. 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 other federal, stale and local laws, regulations, ordinances, court orders, attorney general
<br />oppinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous Substance; and
<br />(2) 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 />limitation, environment. The term includes, without any substances defncd as "hazardous material," "toxic substances,"
<br />"hazardous waste" or "hazardous substance" under any Environmental Law.
<br />Trustor represents, warrants and agrees tat:
<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 that Inc generally recognized to be appropriate for the normal use and insouciance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Tmstor and every tenant have been,
<br />are, and shall remain in fill 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 PTOpeniy. In such an
<br />event, Trustor shall take all necessary remedial action in accordance with any Enviromm ntal Law.
<br />(p, 3 of 4)
<br />01801 tlanXxs9Ypan5 Inc , 51. LI"ud, MN Form LLPaEaNE 1 /13 /BB 5
<br />(W e446(NE) t010et
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