Laserfiche WebLink
200204091 <br />13. DEFAULT. Grantor will be in default if any of the following occur: <br />A. Payments. Grantor fails to make a payment in full when due. <br />B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either <br />because Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay Grantor's debts as they <br />become due. <br />C. Business Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner <br />or majority owner dies or is declared legally incompetent. <br />D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this <br />Security Instrument. <br />E. Other Documents. A default occurs under the terms of any other transaction document. <br />F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. <br />G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information <br />that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. <br />H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. <br />I. Forfeiture. The Property is used in a manner or far a purpose that threatens confiscation by a legal <br />authority. <br />J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender <br />before making such a change. <br />K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This <br />condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the <br />DUE ON SALE section. <br />L. Property Value. The value of the Property declines or is impaired. <br />M. Material Change. Without first notifying Lender, there is a material change in Grantor's business, <br />including ownership, management, and financial conditions. <br />N. Insecurity. Lender reasonably believes that Lender is insecure. <br />14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument <br />evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell the Property. Any <br />amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under <br />the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be <br />available on Grantor's default. <br />Subject to any right to cure, required time schedules or other notice rights Grantor may have under federal and <br />state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately <br />due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or <br />anytime thereafter. <br />If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash <br />and convey absolute title free and clear of all right, title and interest of Grantor at such time and place as <br />Trustee designates. Trustee will give notice of sale including the time, terms and place of sale and a description <br />of the Property to be sold as required by the 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 will make and deliver a deed to the <br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, <br />will pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior <br />encumbrances and interest thereon, and the principal and interest on the Secured Debts, paying the surplus, if <br />any, to Grantor. Lender may purchase the Property. The recitals in any deed of conveyance will be prima facie <br />evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at <br />law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial <br />payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are <br />filed will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing <br />any one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender <br />does not waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender <br />does not waive Lender's right to later consider the event a default and to use any remedies if the default <br />continues or happens again. <br />15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, <br />Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies <br />under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property <br />and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are <br />not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable <br />immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in <br />full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent <br />permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender <br />incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. <br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, 111 Environmental <br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act <br />(CERCLA), 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 <br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant <br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the <br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as <br />N.a,.aa o..e o1 Tru.i mai.0 _ <br />NEI4XX14469500529600003528024n41002Y - 19963 -k— ay.,..rs, in... S1. Cbud, MN E' S P.,.3 <br />