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200205465 <br />14_ DEFAULT. 'trust... will be in default if any pinny ebllgated On the Secured Debt fails to ..take paymenl when duc. 'Itusmr <br />will he in default if It breach occurs under the terms of this Security Instrument or any other document executed for the <br />purpose of creating, securing or goaranlying 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 />tlrc value of the Properly is impaired shall also constitute An event of defaub_ <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide 'truster 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 aerelerate the Secured Debt and foreclose this Security Instrument in a nuturl <br />provided by law if '1 faster it in default. <br />At the option of Beneficiary, all or arty part of the agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after giving notice if required he law, upon the occurrence of a default or anyrbuc <br />thereafter. In xolditica, Beneficiary shall he Swilled to all the remedies provided by law, the terms of the Secured Debt, <br />Iris Security Instrument and any related documents, including without Ilrrhhalllrlt [tic power to sell the Property. <br />If then, is a default, 1 'rustere shall, in addition to any other permilhol remedy, At life request of the Beneficiary, advertise <br />and sell the property as n whole or in separate parcels at public auction m tin highest bidder for cash and convey absolute <br />title it" And clear of alt right, title and moresl Of Trustor at such time and place as 'Ilustee designates. Trustee Shall give <br />notice of sate including the tune, wrens and place of sale and a description OI tie property to be sold its required by the <br />applicable law in effect at the time of the proposed sale. <br />Upon sale of the property and to the extern not prohibited by law, 'trustee shall make and deliver a deed to the Property <br />sold which conveys absnlure title to the purchaser, and Ater first paying all fees, charges and costs, shall pay IO <br />Beneficiary all mnncys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest <br />Ihcusm, And the principal and interest on the Secured Debt. paying the surplus, if any, to Truster. Beneficiary may <br />purchase the Property. The recitals in any deed of conveyance shall be prhna facie evidence of the facts set forth therein <br />NI remedies are distinct, cumulative and nor exclusive, and the Beneficiary is euntled to all remedies provided at law or <br />equity, whether or not expressly set fond- The acceptance by Beneficiary of any smu in payment or partial payment on the <br />Secured Debt alter the balatrcc is due or is accelerated or after foreclosum proceedings are tiled sha l not constitute A <br />waiver of Bcncficiaty's right to requite complete cure of any existing default. By not exercising any rcnhedy on Tmstor's <br />defaub, Bcncficiary 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 />pralribimd by law, Trustor agrces m pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security <br />Instrument Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the property and Benehciary's security interest 'tluese expenses will bear interest InmI the date of the <br />payment until paid in full al the highest interest rate in effect as provided in the terms of rite Secured Debt. Trustor agrees <br />to pay all costs and expenses incurred by Beneficiary in collecting, enGuoing or protecting Beneficiary's rights and <br />remedies under this Security Instrument this tmtount may include, but is not Ilnhitcd to, attorneys' tees, court costs, and <br />other legal expenses. This Security Instrument shall remain in effect until released. 'flusher Agrees to pay for any <br />recordation costs of Such release_ <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (D Environmental Law <br />mctns, without limitation, the Comprehensive P.nvimnmenral Response, Conrpensauon and Liability Act (CERCLA. 4: <br />If.SC. 9601 on self ), and all (alter federal, state and local laws, regulations, Ordinances, coma orders, attorney geucral <br />opinions or interpretive Idlers concerning the public health, safety, welfare, envimrmhent or of hazardous subswnc;; and (3) <br />Hazardous Substance means any toxic, radioactive or Iazardous material, waste, pollutant Or contaminant which has <br />characteristics which render the substance dangerous or potentially dangerous it) the public health, safety, welfare or <br />environment 'lhe lean includes, without Ihnicaion, any substances delined as "hazardous material" "toxic suh,lances," <br />"hazardous waste" Or "hazardous substance" trader Airy P.nvironmenral law. <br />Tnsmr repnunn, warranty Awl agrees that <br />A.1 ?xcepl as previously disclosed and acknowledged in writing to Beneficiary, no hazardous Substance is or will be <br />located, stored or released nn nr in the Properly. This restriction does not apply to small quantities of lazardous <br />Substances that are generally recognized to be appropriate for Inc normal use and maintenance of the Pmperry- <br />B. Except AS previously disclosed and acknowledged in writing to Beneficiary, 'Trustor and every reliant have been, arc, <br />and shall n ntaiu in full compliance wilt arty applicable Hav rownental Law. <br />C. Trustor shall immediately notify Benefeutty if a release or threatened release of a Hazardous Substance occurs On, <br />under or about lire Property or there is a violation of any Envimuntental Law concerning Ihn Property. In such an <br />coved, Trustor shall lake all necessary remedial action in accordance with any Lnvirnnmcnfal law. <br />1).'1 luster Shall inunediately nnlify Beneficiary in writing is soon as Truster has reason to believe there is ;my pending <br />or threatened Invesligatiurr, clamt or proceeding relating to rte release of threatened release of any Uniardais <br />Substance or lire violation of any Environmental Law_ <br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice Of any penning or threatened action, by private or public <br />entities to purchase or lake any or all of the property through cendcmnation, emme of domain, or any other means_ Trustor <br />authorizes Bcncficiary te intervene in'I'ruster's Dame in any of the above described axiom ..r claims. Trustor assigns to <br />Beneficiary the prOCecds of any award or claim for damages connected with a conncnnwtion of other taking of NI or any <br />pan Of the Properly. Such proceeds shall be considered payments and will be applied as provided in this Security <br />Instrument llris assignment of proceeds is subject un the terns of any prior mortgage, deed of .rust security agreement or <br />olhcr lien document. <br />19. INSURANCE.. Trustor shall keep property insured against loss by fire, Flood, theft and Other lla]HrdS and risks reasonably <br />associated with the Property due nr its type and location. This insurance shall be nhaiandaed in the amounts and for the <br />periods that Boneturary requires. The insurance carrier providing the insurance shall be chosen by fluster subject to <br />Beneficiary's approval, which Shull not be unreasonably withhela. If 'frustur fails to maintain the coverage described <br />above, Bcncficiary Truly, at Beneficiary's option, obtain coverage to protect Bcncficiary', rights in the Property according <br />m the tens of this Sccuriry IAvnnncnl. <br />AIL insurance policies and renewals shall he acceptable to Bcncficiary and shall tncWdc a standard "mortgage clause" and, <br />where applicable, 'loss payee clause." Truster shall mornediately notify Beneficiary of cancellation or formulation of the <br />insurance. Ileneftciary shall have the right to hold the pOlicicS and renewals. If Beneficiary requires, Trustor shall <br />hnmediately give to Beneficiary all receipts of paid premiums and renewal notices_ Upon loss Trustor shall give <br />in..nediate notice m the insurance carrier and Beneficiary. Benefciary may make proof of loss if not made immediately by <br />11 faster. A (Pa in 4I <br />.,1 . a.," S11 117 ;.an ro,m ar OT rte vz.et . _ . <br />