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x`00200632 <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt falls to make payment when due. Trustor <br />will be in default if a breach Occurs under the tens Of this Security Instrument or any other document executed for the <br />purpose of creating, securing or guarantying the Secured Debt. A good faith belief' by Beneficary 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 evem of default. <br />15. REMEDIES ON DEFAULT. In sonic instances, federal mud state law will require Beneficiary to provide 'Trustor with <br />notice of the right to cure or other ml and may establish time schedules for foreclosure actions. Subject to these <br />limitations, if as Beneficiary may accelerate the Secured Debt and foreclose this Security Instrunent in a manner <br />provided by law if Tmstor is in default. <br />At the option of Beneficiary all or any part of (lie agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after ginng 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 in 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 Prnperly 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 and place a9 Trustee designates. Trustee shall give <br />notice of sale including the time, [inns 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 by law, Trustee shall make and deliver a deed to tine Property <br />sold which conveys absolute title to the purchaser, and after first paying an fees, charges and costs, shall pay to <br />Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and merest <br />thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. 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 Trustor's <br />default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. <br />id. 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 />Instrunent. 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 moil paid in full at the highest interest rate in effect as provided in the terms of lire Secured Debt. Trustor agrees <br />to pay all costs and expemscs 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 drifted 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 or sl and all other federal, stale 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; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or comanivant 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 />Tractor 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 that are generally recognized to be appropriate for the normal use and nain[enance of the Property. <br />D. Except as previously disclosed and acknowledged in writing to Beneficiary, 'Trustor and every term have been, are, <br />and shall remain in full compliance with any applicable Environmental law. <br />C. Trustor shall inmmediately 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 Envirommenal Law concerning the Property. In such an <br />event, Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br />D. Trul shall immediately notify Beneficiary in writing as sown 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 die violation of any Environmental Law. <br />IS. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or mreatcned action, by private or public <br />entities to purchase or lake any or all of the Property through condemnation, eminent domain, or any other mcaus. Trustor <br />antborizes Beneficiary to intervene in Trismr's acme in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the proceeds of any award or claim for dahnages 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 m this Security <br />Instrument This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, secs ity agreement or <br />other lien document. <br />l9. INSURANCE. Trustor shall keep Property insured against loss by fire, deed, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. This insurance shall be maintained in fire amounts and for the <br />periods drat Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Tmstor subject to <br />Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described <br />above, Beneficiary may, at Bcrufnciary's option, obtain coverage to protect Beneficiary's rights in the Property according <br />to die 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." 'Trustor shall inmediately notify Beneficiary of cancellation or termination of the <br />insurance. Bencficiary shall have the right to hold the politics and renewals. If Beneficiary requires, Tmto <br />sr shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal entices. Upon loss, Truster shall give <br />immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made inmedmtely by <br />Trustor. <br />IPape 3 xf 41 <br />®1996.,,M ... .prams. Inc.. St Cloud, PAN I1A0039723411 Po,dd RE OT-NE 10/9197 Y'Vii <br />