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a 200200580 <br />14. DEFAULT. Trustor will be in default if any party obligated on he Secured Debt fails to make payment when due. Trustor <br />will be in default if a breach occurs under the terms of his Security Instrument or any other document executed for the <br />purpose of creating, securing or guarantying the Secured Debt. A good faith 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 Traitor with <br />notice of the right to cure 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 provided <br />by law if Tremor is in default. <br />At the option of Beneficiary, all or any pact 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 thereafter. <br />In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security <br />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 />avid 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 clear of all right, title and Interest of Trustor at such time mid place as Trustee designates. Trustee shall give <br />notice of sale including the time, hours and place of sale and a description of the property to be sold as required by the <br />applicable law in effect at the time of the proposed sale. <br />Upon sale of the property and to the extent not prohibited b law, Trustee shall make and deliver a deed to the Property <br />sold which conveys absolute title to the purchaser, and after Zrst paying all fees, charges and costs, shall pay to Beneficiary <br />all moneys advanced Con repairs, taxes, insurance, liens, assessments mid prior encumbrances and interest thereon, mid the <br />principal and interest on the Second Debt, paying the surplus, if any, to Truster Beneficiary may purchase the Property. <br />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, mid 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 act constitute a waiver <br />of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Toaster's default, <br />Beneficiary does not waive Beneficiary's right to later consider the event a default if if continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when <br />prohibited by law, Traitor agrees to pay all of Beneficiary's expenses if Tmstor breaches any covenant in this Security <br />Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, mspec[mg, preserving or <br />otherwise protecting the Property laid 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 the 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 mid <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 coats 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 />I I.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; mid (2) <br />f Lom dons 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" in "hazardous substance" under any 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 <br />located, stored or released on or in the Property. This resmction does not apply to small quantities of Hazardous <br />Substances that are generally recognized to he appropriate for the normal use and maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Traitor mid every tenant have been, <br />are, and shall remain in full compliance with any applicable Enviromnental 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 take all necessary remedial action in accordance with any Environnental 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, eramem domain, or any other means. Tmstor <br />authorizes Beneficiary to intervene in Tmstor's time in any of the above described actions or claims. 'Prustor 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 />Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, severity agreement or <br />other lien document. <br />19. INSURANCE. 'Tmstor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably <br />associated with the Property due to its type mid location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to <br />Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, <br />Beneficiary [tray, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />terms of this Security 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 " Truster shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies mid renewals. If Beneficiary requires, Toaster shall <br />Immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Truster shall give immediate <br />notice to the msuranuo carrier and Beneficiary- Beneficiary may make proof of loss if not made immediately by Trainor. <br />Kl /page A3 of 4) <br />�VJR�(] i99a Bnnuai55ynema, ISe, 6i.CrouU. MN P -040- ]9J -l3ap from PE DT RE 10 /27 kJ �- <br />(QA - C1661NE1 eaoasm J <br />