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200206076 <br />14. DEFAULT. Truster will be in default if any party obligated on the Secured Debt fads to make payment when due. Truslor <br />will be in default if a breach occurs under the terms of this Security instrument or anv other docurnenl executed for the <br />purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any <br />lime is insevure with respect to any person or entity obligated on the Secured Debt or that the prospect orally 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 and state her will require Beneficiary to provide Tmstor with <br />note, of the right to erne oI otter notices and may establish time schedules for foreclosure actions. Subject to these <br />limitations, if any, Beneficiay may accelerate the Sccural Debt and foreclose this Security Instrument in a manner provided <br />by law if I rrstor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees mid charges, accrued interest and principal shall become <br />immcdoidely due and payable, after giving notice if required by law, upon rte occurrence of a default or anytime thercafier. <br />In addinom, Blenefcary shall be entitled to all the remedies provided by law, the Icons 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 env other permitted remedy, 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 and interest of frustor at such time and place as Trustcc 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 as required by the <br />applicable law in effect at Its time of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Ilustre shall make and deliver a deal to (lie Property <br />sold which conveys absolute title to the purchaser, and after first paying all fees, charges end costa shall pay to Beneficiary <br />all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the <br />principal mid interest on the Secured Debt, paying the surplus, if any. to Truster. Beneficiary may purchase the Properly, <br />the recntals in any deed of ennvevanec shall be prima facie evidence of the facts set ninth therein. <br />All remefica are distinct, cumulative and not exclusive, aid the Beneficiary is entitled to all remedies provided at law or <br />equity, whether or not expressly set forth. The acceptance by Rcncficiary of any sum in pavirent 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 <br />of Rcncficiary',, right to require complete cure of any existing default By, not exercising any remedy on Tiustor's default, <br />Beneficiary does not waive Beneficiary 's right m later consider the event a default if it continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEI'S' FEES; COLLECTION COSTS. Lxeept when <br />prohibited b_v law, Trustor agrees' to pay all of Bencficray's expenses it Truster hreaches any covenant in this Security <br />instrument Ims(or will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest from the date ofthe <br />payment until paid in full at the highest interest rate in effect as provided in the fermis of the Secured Debt. Truslor agrees <br />to pay all costs and expenses incurred by Rcncficiary in collecting, culmiring or protecting Beneficiary's rights and <br />remedies under this Scantily Instrument This amount may include, but is not limited to, attorneys' tees, court costs, and <br />ether legal expenses. This Security Instrument shall remain in effect until release{. Truster agrees to pay fur any <br />recordation costs ofsuch release. <br />17. ENVIRONMENTAL LAWS AND HALARDOUS SUBSTANCES. As used in this academe (1) Environnsnlal Law <br />means- nrdiont Iimtation, the Comprchcnsivc I:nviionmentill Response, Compensation and Liability Act (CERCLA, 42 <br />1; .S( 9601 et sal.), and all other federal, state and local laws. regulations, ordinances, court orders, attorney general <br />opinions or inte'lactive letters concerning the public health, safety_ welfare environment or a hazardous substance; and (2) <br />Ilzzardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br />characteristics whiuh render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />cnvirounteut. The term includes. v,dhaut Bnti tat ioii, any substances defined as " Itazardous material," "toxic substanccs," <br />"hazardous waste" or "hazardous suhsinnce" under am) Eii, momncenal Law. <br />Tmstor 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, na.1 or released on or in the Property. This restriction does not apply to small quantities of Hazardous <br />Substances that are generally recognized to he appropriate for the normal use and maintenance of the Property. <br />B_ Fxccpt as previously disclosed and ucknowledged in writing to Beneficiary, 'frustor and evcy tenant have been. <br />are, and shall remain in fill) compliance with any applicable Fin i torments I Law_ <br />C Truslor shall immcdiatcly notify Bencha ma v 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 Law concerning the Property_ Bt such an <br />event, Tensor shall take all necessary remedial action in accordance with anv To, vi ronntental 1 ace. <br />D. 'I 'ustor shall innmecl atcly non y Bette tic iary in writing es soon as Trustor has reason to be] imx that is any pending <br />or threatened mve'ligalinn, claim_ or proceeding relating to the release or threatened release of any Hazardous <br />Substance or Lire violation of any F.rn'ironnrental Law. <br />IN. CONDEMNATION. Trustor will give Bcecfieiary prompt notice orally pending or threatened action. by private or public <br />entities to purchase in take moy or all of the Property through condemnation. eminent domain_ or any other means. Truslor <br />aulhoriws Beneficomq to intervene in pastor's name in any of the above descnhed actions or claims. Trustor assigns to <br />Bare It clan y IIte proceeds of any award or claim Ibr 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 />Instrument. 7 his."qu nent of proceeds is subject to the terms of any ptiot mortgage decd of trust, security agreement or <br />other lien document <br />19. INSDRANCE. ltusmr shall keep Property insured against loss by fire, flood, theft mod other hazards and risks reasonably <br />asumiated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the <br />period, that Beneficiary reputes_ the insurance cerner providing the mnvance shall be chosen by Trusmr subject to <br />Beneficory's approval, which shall nil he unreasonably withheld. 11 Treason fails to maintain the coverage described abc,g <br />Rcncficiary may. at Bcslicfapcs option. obtain coverage to protect Beneficary's rights in the Property according to the <br />lean, of des S"mrV InstrcnenL <br />All insurance policies and renewals .shall be acceptable to Bmtefieiay and shall include a standard "mortgage clause" and, <br />where appltcehle. "loss payee clause" Truslor shall immcdiatcly notify Beneficiary of cancellation or termination of the <br />insurance. Rcncficiary shall have the right to hold the policies and renewals. It Beneficiary requires, Il'ustin shall <br />immediately give to Renefiamy all receipts of paid Pic nnimns and renewal notices. Upon lose; Truslor shall give immediate <br />notice to the insurance carrier and Beneficiary. Beneficial, may stake proof of loss tract made immediately by Tmstor. <br />(paq 33 of 1 1/ <br />O issn as "r =rs srm "s. mc. sr oom. ms oaooasv -n+i i ton sEOrse 1s¢rsr <br />YY✓.> - C165(NE) esssi of <br />