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Application # 0120830468 <br />200201099 <br />14. DEFAULT. Tmstor will be in default if any party Obligated on the Secured Debt fails in make payment when due. Trustor <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 faith belief by Beneficiary' that Beneficiary at any time <br />is uvsecum with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value <br />of the Property is impaired shall also constitute an event of default. <br />15. REMEDIES ON DEFAULT. In some instances, federal and spite law will require Beneficiary to provide Truster with notice <br />Of the right to cure or otter notices and may establish tune schedules for foreclosure actions, Subject to these limitations, if <br />any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if <br />Truster is in default. <br />At the option of Beneficiary, all or any part if 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. In <br />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 ro 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 and <br />sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free <br />and clear of all right, title mid interest of Tmstor at such tune and place as Trustee designates. Trustee shall give notice of sale <br />including tie time, terms and place of sale and a description of the property to be sold as required by tie applicable law in <br />effect at the time of die proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property sold <br />which conveys absolute title to the purchaser, and after first paying all fees, charges mid costs, shall pay to Beneficiary all <br />moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the <br />principal and interest on the Secured Debt, paying the surplus, if any, to Toaster. Beneficiary may purchase the Property. The <br />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 waiver of <br />Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Tmstur's default, <br />Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited <br />by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant, in this Security Instrument. <br />Trustor will also pay on demand any amount incurred by Beneficiary for insuring, us ectg, preserving or otterwise <br />protecting the Property and Beneficiary's security interest. These expenses will hear interest from the date of the payment until <br />paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt'frustor agrees to pay all costs and <br />expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security <br />Instrument. This amount may include, but is not limped to, attorneys' fees, court costs, and other legal expenses. This Security <br />Instrument shall remain in effect moil released. Tmstor agrees to pay for any recordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, <br />without bui mtion, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C.9601 <br />et seq), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or <br />interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous <br />Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which <br />render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The tern <br />includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or <br />"hazardous substance" under any Environmental Law. <br />Tmstor represents, warrants and agrees than <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 maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, ate, <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, Traitor shall take 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 or <br />threatened investigation, claim, or procceding relating to the release or threatened release of any Hazardous Substance <br />or the violation of any Enviromnenpil Law. <br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending Or threatened action, by private or public <br />m <br />entities to purchase or take any or all of the Property through condemnation, einent domain, or any other means. Traitor <br />authorizes Beneficiary to intervene in Tmstor's name in any of the above described actions or claims, Tmstor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part <br />of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This <br />assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. <br />19. INSURANCE. Truslot 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 and location. This insurance shall be maintained in the amounts and for the periods <br />that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Traitor subject to Beneficiary's <br />n <br />approval, which shall not be ueasonably withheld. If Tmstor fails to maintain the coverage described above, Beneficiary <br />may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Properly according to the terms of this <br />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," Tmstor shall inanediatety notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies and renewals, If Beneficiary requires, Truster shall immediately <br />give to Beneficiary all receipts of paid premiums and renewal notices Upon lass, Trismr shall give immediate notice to the <br />insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Tmstor. <br />(page 9 of 4) <br />0 m..,i,K*Ju saa3a ..)-Dn HE DTNE 1W7M7 <br />��CM(NE) prey l� <br />