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200201302 <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trusor <br />will be in default if a breach nccurs under the terms of this Seem try Instrument or any other document exemrfed for the <br />purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary al ally <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 mid state law will require Beneficiary to provide 'Trustor 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 mariner provided <br />by law if Trustor is in default. <br />At the option of Beneficiary, all or any pat of the agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after giving notice if equired by law, upon the occurrence of a default of anytime thereafter, <br />I,, addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Seculily <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 />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 clear of all right, title aid interest of Trustor at such nine 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 to be sold as required by the <br />applicable law in effect at the time of the proposed sale. <br />Upon sale of the propparty and to the extent not prohibited by law, Trustee shall make mid deliver a deed to the Property <br />,old which couvLys abaclute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary <br />all moneys advanced for repairs, taxes, insurance, liens, assessments end prior encumbrances and interest thereon, and the <br />principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase Ore Property. <br />The recitals in any deed ofemoveyance shall be pros facie evidence of the facts set faith therein <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all rennedies 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 nr is accelerated or after foreclosure proceedings are filed shall not constitute a waiver <br />of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trea or's default, <br />Beneficiary does not waive Beneficiary's right to later consider file event a default if it continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENAN'T'S 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 />hnumment 'Lrnstor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the Property mid Beneficiary's security interest These expenses will hear interest from the date of the <br />payment until paid in fill at the highest interest rate in effect us provided in the terms of the Secured Debt. Trustor agrees <br />to pay all costs and expenses incurred hy Beneficiary in collecting, enforcing ar protecting Beneficiary's rights and <br />remedies under this Security instrument. Tliis 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 Ito, section, (I) Bnvirnnmental L.vv <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA. 42 <br />U.S.C. 9601 el seq.), and all other federal, state and local laws, regulations, ordinances, court rodents, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardons 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 tern includes, without limitation, ary substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "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 Properly. This restriction does not apply to small quantities of Hazardous <br />Substances that ere 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 Bencficiarv, Trustor and every tenon have beery, <br />as, and shall remain in full compliance with any applicable Environmental Law. <br />C Trustor shall immediately notify Beneficiary of a release or threatened release of a Hazardous Substance occurs on, <br />under or about the Property or there is a violation of any E.avoonmentat Law concerning the Property. In such an <br />event, Trustor shall take all necessary remedial action in accordance with any Eawiromnental Law. <br />U. Trustor shall immediately notify Beneficiary in writing as soon as'frustar has reason to believe there is any pending <br />or threatened investigation, claim, nr proceeding rotating to the release or flhreatened release of may Hazardous <br />Suhsomea m the violation of any EiiviromnentaI Law_ <br />IS. CONDEMNATION. gYuson will give Beneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase or lake any or all of the Property through condenrmatior, eminent domain, or any other nieais- Trustor <br />euthnnze, Bcncficiay nh intervene in Truster's name in any of the above described actions or claims. Trustor as's'igns to <br />Beneficiary the proceeds of any award rr Chinni for damages connected with a condemnation or other taking of all or any <br />part of the Properly. Such proceeds shall be considered payments mid will be applied as provided in this Security <br />Instrument. 't his assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or <br />other lien document. <br />19. INSURANCE. Trustor shall keep property insured against lass by rite, flood, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. This insurance shall he maintained in the amounts and for the <br />pefiods that Beneficiary requires- The insurance carrier providing the insmace shall be chosen by Trustor subject to <br />Beneficiary's approval, which shall not be unreasonably withheld If Irumnr fails to maintain the coverage described above, <br />Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />term, of this Security Instrument. <br />All insurance policies and renewals shall he acceptable to Beneficiary and shall include a standard "mortgage clause" and, <br />where applicable, "loss payee clause." Trustor shall immediately notify Renefiefory of cancellation or termination of file <br />insurmme- Beneficiary shall have tlm right to hold the policies and renewals. If Beneficiary requires, 'Trustor shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give immediate <br />notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Trustor. <br />/� (PaV� ;(f� <br />r,9< Benkvs 6VSlems. Nc.9t elmni. MN aACa39n -R]<tl Poem trot -NC 'L'2 7197 "" }�—I`� <br />�� - CI65(NE) wren or <br />