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14. DEFAULT. Trustor will be in <br />will be in- default if a breach a <br />15. <br />is insecure Willi <br />of the Property, <br />payment when due. Trustor <br />document executed for the <br />that Beneficiary at any trine <br />of any payment or the value <br />of the right to cure or other notices and may establish time schedules for foreclosure actions Subject to these limitations, ii <br />any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law u <br />TLLiStor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br />immediately due acrd 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 die 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 shalt, in addition to any other permitted remedy, at the request of the Bcneficias- , 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 acid interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale <br />including the tune, terms and place of sale and a description of the property to be sold as required by the applicable law in <br />moneys advanced for repairs, taxes;' insurance,` liens, assessments' and 'prior elreund rances and interest thereon, and the <br />principal and interest on the Secured Debt, paying the surplus, if any, to Truster. 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 'duster'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, inspecting, preserving or otherwise <br />protecting the Property and Beneficiary's security interest. These expenses will bear 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, Trustor 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 limited to, attorneys' fees, court costs, and other legal expenses This Security <br />Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release. <br />17, ENVIRONMENTAL LAWS ANT) HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental law means, <br />without limitation, the Comprehensive Environmental Response, Compensation and Liability .Act (CERCLA, 42 U.S.C. 9601 <br />et seq.), and all oilier federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or <br />includes, without limitation, any substances defined as "hazardous material," "toxic substances, <br />"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 />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, are, <br />and shall remain in full compliance with any applicable Envirotunental Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, <br />tinder or about the Property or there is a violation of any Environmental Law concerning the Property. In such an <br />event, Trustor 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 here is any pending or <br />threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance <br />or the violation of any Environmental Law. <br />18. CONDEMNATION. Trustor 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. Trustor <br />authorizes Beneficiary to intervene in Trustor'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 part <br />of tie 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 docurnent. <br />19. INSURANCE. Trustor shall keep Property insured against loss by tire, flood, theft and other hazards and risks reasonably i <br />associated Willi 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 Trustor subject to Beneficiary's <br />approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary <br />may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property 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." Trustor shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall immediately <br />give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give immediate notice to the <br />insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Truster, <br />(page 3,of 4) <br />��/J►�yyD 1994 9ank.rs Systems, Inc -. St MA, MN (1- 800-397-2341) Porzn RE-DT-NE 102'/9] =_ <br />MD <br />V165(NE) (9II08) <br />