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200205999 <br />14. DEFAULT. Truster will he in default if any party obligated un the Secured Debt fails to make payment when due. 'I itistor <br />will be in default if a breach occurs under the terms of this Seautty 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 my 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, REVIEDIES ON DEFAULT. hn seine insharacs, federal and .state law will requite Beneficiary to provide Trustor with <br />notice of the right to cure or other notices and may, establish time schedules for foreclosure actions_ Suhject to these <br />limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided <br />by Imw, if Tiusloi is in default. <br />AI the up [ion of Bcncfici ary, all or any part of the agreed fees and charges, accrued interest and principal shall bacon to <br />immediately due and payable, after giving notice if required by law, upon Om occurrence of a default or anytime thereafter_ <br />In addition, Beneficiary shall be entitled to all the remedies provided by law, the ten rus of the Secured Debt, this Security_ <br />I rim rancid and any related documents, including without Iimiunion, the power to sell the Property. <br />If there is a default, Trustee shall, 1n addition to any other permitted remedy, at the request of the Beneficiary, salver use <br />and sell the Property as a whole or in separate parcels m public auction to the highest bidder for cash mid convey absolute <br />tide flee and clear of all right, title and interest of Tmotor at such time mid place as Trustee designates. Trustee shall give <br />our. of sale including tie time, terms and place of sale and a description of the property to be sold as required by the <br />applicable Imv in effect at the time of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by Imv, 'frumee 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, and the <br />principal and interest on the Secured Debt, paying the surplus, if may, to Trustor Beneficiary may purchase the Property <br />The recitals to any decd of wmcyancc shall he prima facie evidence of the facts set forth thereto. <br />All remedies are distinct, cumulative and not exclusive. and the Beneficiary is entitled to all remedies provided at law or <br />equity, whether of not expressly set forth. The acceptance by Beneficiary of any sum in payment or panted payment on the <br />Secured Debt alter the balance is due or, is accolvi aled or after foreclosure proceedings are filed %hall not constitute a wan an <br />of Beneficiary s right to require complete cute of airy existing default. By not exercising any remedy on Trustor's default, <br />Ffmcfidary doe, 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; COLLEC'HON COSTS. Except when <br />prohrbrled by law, fnmor agrees to pay all of Beneficing s expenses iC Trustor breeches any covenant is ill rs Security <br />Instrument, Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the Property mid Beneficiary's security interest. These expenses 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 tears of the S aimed Debt, Trustor agrees <br />to pay all costs and expenses incurred by fienefimary in collecting, enforcing or protecting Bir eficinr_v's rights and <br />remedies under this Sccurily Instrument This amount may include, but is not limited to, attorneys fees, court costs, and <br />other legal expenses. This Security Instrument shall remain to effect until released. Truster agrees to pay for any <br />recordation costs of such release_ <br />17. ENVIRON'NIENTAI. LAWS AND HAZARDOUS SUBSTANCES. As' used in this section, (1) Environmental low <br />uneans, without Itmirmion, the Qnnprchcnsivc Fa,ronil l Response. Compensation and I_rabidity Act (CERCLA, 42 <br />U S. C. 9601 or seq -). and all other federal, state mid local Imes, regulations, ordinances, court orders, attorney general <br />uptninn, or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance, and (2) <br />Hazardous Substance moms any toxic, radioactve or hazardous material, waste, pollutant or contaminant which has <br />characteristics 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 "hazardous material." "toxic senor es," <br />"hazardous wash," or "hazardous imbalance" under any Environmental Law. <br />Trustor represents. warrants and agrees that <br />A. Fxeepl as previously disclosed and 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 />B- Ixcepl as previously disclosed mid acknowledged to writing to Beneficiary. Trustor and every tenant have been, <br />arc, and shall remain in full compliance with any applicable Lnvironmental Law. <br />C. Trosto, 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 atolation of any Bnvironmental Law annecriurC the Property . In such an <br />event, I,mao, shall take all necessary remedial action in accordance with any Emdronmental Law. <br />D. Trustor shall tmmedmlely notify Beneficiary in writing as soon as Trustor has reason to beliccc there is any pending <br />or threatened inccshgalion, claim, or proceeding relating to the release or threatened release of any Hazardous <br />Substance or the violation of any Environmental Law. <br />IS. CONDENINA'FION- Truster will arse Beneficiary piounpt notice, of any pending or thrcatened action, by private or public <br />entities to purchase or lake any or all of the Property through condemnation, eminent door atill or any ,then means. Trustor <br />authorizes Beneficiary to intervene in Tnuteir', name in any of the above described 'actions or clainhs. Tnusum 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 be considered payments and will be applied as provided in this Security <br />hrstrumcut Tlus essr;nancul of proceeds is subject to the terms of any prior mortgage, deed of trust, security ameennenl or <br />other lien document. <br />19. INSURANCE. Trustor shall keep Property insured against Tess by fire, flood, theft and other hazards and risks reasonably <br />associated wrh the Property due m its type and location, This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary rcyuim,. The insurance carrier providing the insurance shall be chosen by Trustor subject or <br />Beneficiary's approval, which shall not be uurcasonahk whhhcld. If Truster fails m mamtavt the coverage described above, <br />Bcneficiary may, at Beneft lary's option, obtain coverage N protect Beneficiary's rights in the PriPerry ..,,it tng to the <br />terms of this Securth Instrument_ <br />All tnmirlocc politics and renewal, shall be acceptable m Beneficiary and shall include a standard "muilgagc clausc" and, <br />where applicable. "loss p¢yee clause." Trustor shall tmmedtare] y u oil fv Rene ficiary of cancellation or for in met ioil of the <br />insurance Beneficiary shall have the right to hold the politics and renewals. If Beneficiary requires, Trnsmr shall <br />Immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss. Trustor shall else immediate <br />notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by 7 ivstor. <br />pe 2 p 4) <br />01991 B, Keie SY1111 Ill Irt_aLelwul Nil '.IROOa %)t:l, r"m PE -eTNE X0127 Ir <br />®wC1651NE)'9s.., s <br />