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200201933 <br />14. DEFAULT. Trust., will be in default if my party obligated on the Secured Debt fails to make payment when due. Trustor <br />will he 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 <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 murmur provided <br />by law if Trustor is in default. <br />At the option of Beneficiary, all or ary part 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 icandy, 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 mid interest of- rrustor at such time and place m 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 ax 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 the Property <br />sold which conveys absolute 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 and prior encumbrances and interest thereon, mid the <br />principal mid interest on the Secured Debt, paying the surplus, if may, to Trustor. Beneficiary may purchase the Property. <br />The recitals in any decd 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 ore filed shall not constitute a waiver <br />of Beneficiary's right to require complete cure of my existing default. By not exercising any remedy on Trustee'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 <br />prohibited by law, Trustor agrees to pay all of Beneficiary 's expenses if Trustor trenches any covenant in this Security <br />Instrument. Trustor will also pay on demand any amount incurred by Beneficia'y for insuring, inspecting, preserving or <br />otherwise protecting the Property and Bemeficimy's security interest These expensev will hear 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 costa and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br />emc r <br />res under this Security Instrument This amount may include, but is not limited to, attorneys' fees, court costs, mid <br />other legal expenses. This Security Instrument shall remain in effect until released Trustor agrees to pay for any <br />recordation casts of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in []its section, (1) Euviionmenlal Law <br />means, without limitation, the Comprehensive Environs ental Response, Compensation and Liability Act (CERCLA, 42 <br />U.S.C. 9601 et seq.), and all other federal, state mid 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 meats any toxic, radioactive or hazardoua material, waste, pollutmit w contaminant which has <br />characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />environment. Tire tern, includes, without Iinitiation, any substances defined as "Ia.,dous 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 mid acknowledged in writing to Beneficiary, no Hazardous Substance is or will he <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 />13. Except as previously disclosed and acknowledged in writing to Benefictary, Trustor and every tenant have been, <br />are, and shall remain in full compliance with any applicable Environmental raw. <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 Taw concerning the Property. In such an <br />event. Trustor shall take all necessary remedial action in accordance with mry Environmental Law. <br />D. Trustor shall trmnediately notify Benefienry in writing as soon as Truster 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 a y Environmental Law <br />18. CONDEMNATION. Truslor 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, eminent domain, or any other means. 'Imstor <br />authorizes Beneficiary to intervene in Taster's name in any of the above described actions or claims- Trustor 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 he considered payments and will be applied as provided in this Security <br />Insrument Ina assignment of proceeds is subject to the terms of any prior mortgage, decd of trust, security agreement or <br />ether fie, document. <br />19. INSURANCE. I n o., shall keep Properly insured against loss by fire, flood, theft and other hazards and risks reasonably <br />associated with [lie Property due to its type and locahmr. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. The insurmnee carrier providing the insurance shall be chosen by Truslor subject to <br />Beneficiary's approval, which .shall not be unreasonably withheld. If Trustor 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 />terms of this Security Instrument <br />All insurance policies and renewals shall be acceptable to Beneficiary mid shall include a standard "mortgage clause" and, <br />where applicable, "loss payee clause." Trustor shall immediately notify Beureficimy of cancellation or termination of the <br />insurance. Beneficiary y shall have the 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 leas if not made immediately by truster <br />(page 3 of 4) <br />C) Itil aenkBrs sol,ioInv..Srelo MN(I- IH91111< 11111,.to al 11111191 - <br />® ®- C'1651NE),,t.mr1 <br />