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2OO2D17if <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, airy financial <br />statement or information Beneficiary may deem reasonably necessary. Tractor agrees to sign, deliver, and file any <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve <br />Trustor's obligations Under this Security Instrument and Beneficiary's lien status on the Property. <br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument mid has the right to irrevocably grant, convey, acrd 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. Beeficiary may, at its option, declare the entire 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. Tmstor will be in default if any 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 on any Secured Debt that is an open mid home equity plan fails to make a payment <br />when due. <br />Property. Any action or inaction by the Borrower or Taster occurs that adversely affects the Property or Beneficiary's <br />rights in the Property. This includes, but is not limited lo, the following: (a) Traitor fails to maintain required <br />insurance on the Property; (b) Trustor transfers the Property; (c) Trustor r commits waste or otherwise destructively uses <br />or fails to maintain the Property such that the action or inaction adversely affects Benefieimy's security; (d) Trustor fails <br />to pay taxes on the Property or oflterwim fails to act and thereby causes a lien to be filed against the Property that is <br />senior to the lien of this Security histmmmip (e) a sole Trustor dies; (1) if more than one Trustor, arty Trustor dies and <br />Beneficiary's security is adversely affected; (g) the Property is taken tlmough comment domain; (h) a judgment is filed <br />against Tmstor and subjects Trustor mid the Property to mhon that adversely affects Beneficiary's interest; or in a prior <br />licoholder forecloses on the Property and as a result, Bencficimy's interest is adversely affected. <br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate mid such Borrower becomes <br />indehted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws <br />mid regulations. <br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terns of this Security instrument, <br />Bcncficiar'y may accelerate the Secured Debt and foreclose this Security Instrument in a marmcr provided by law it <br />7 nnstor is in default. In some instances, federal and state law will require Beneficiary to provide Trustor with notice of <br />the right to cure, or other notices mid may establish time achedules for foreclosure actions. Each Trustor requests a copy <br />of any notice of default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section I <br />above. <br />At the option of the Beneficiary, all or any part of the agreed fees and charges, accrued interest end principal shall <br />become immediately due and payable, alter giving notice if 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 flit Property ac a whole or in <br />separate parcels at public auction to the highest bidder for cash and convey absolute title free mid clear of all rigght, title <br />and interest of Trustor at such lime mid place as Trusted designates, Trustee shall give notice of air including llie time, <br />terms mid place of sale mid a description of the property to be sold as required by jive <br />applicable law in effect at the time <br />of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make mid deliver a deed to the Property <br />sold which conveys absolute title to the purchaser, mid after first paying all fees, charges mid costs, shall pay to <br />Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and print micumbranccs mid interest <br />thereon, and the principal mid interest on the Secured Debt, paying the surplus, if my, to Trustor. Beneficiary may <br />purchase the Property. The recitals in any deed of conveyance shall be pliant 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 due or <br />is accelerated or after foreclosure proceedings ate filed shall not constitute a waiver of Beneficiary's right to require <br />complete cure of any ex rating default. By not exercising any remedy on Irustor's default, Beneficiary does not waive <br />Beneficiary's right to later consider the event a default if it happens again <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br />any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such <br />lovcnants 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 Property and Bcnefimary's security interest. These expenses are <br />payable on demand mid will bear interest from the date of payment until paid in fill at the highest rate of interest in <br />effect as provided in the terms 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 Security Instrument This amount may <br />include, but is not limited to, Trustee's fees, court costs, and other legal expenses. To the extent permitted by the <br />United States Bankruptcy Code, Trainor agrees to pay the reasonable attorneys fees Beneficiary incurs to collect the <br />Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code, This Security Instrument shall <br />remain in effect until released. Trustor agrees to pay for any recordation costs of such release. <br />it. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Enviromnental Law <br />means, widmut limitation, the Comprehensive Environmental Response, Compensation mid Liability Act (CERCLA, 42 <br />1, -S.C. 9601 of reel.), 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; and <br />(2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br />charaeterixtics 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 "Inc ardor¢ 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 Property. This restriction does not apply to small quantities of Hazardous <br />Substarncer, that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br />B. Except as previously disclosed mid acknowledged in writing to Beneficiary Truster and every tenant have been, <br />are, and shall remain in full compliance with any applicable Environmental Law, <br />C. Tmstor 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 I_aw concerning the Property. In such an <br />event, Trustor shall take all neccisay remedial action in accordance with any Environmental Law- <br />r1'n� tcaj, 3�y0.,/, 4)) <br />O199,t mnkR s"o.,, Inc_ S. c"A MN Porm or, seen .1 1111199 <br />- C466(N E) (e902) or <br />c <br />