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200206925 <br />14. DEFAULT_ Trustor will he in default if any party obligated on lire secured Debt fails to make payment wbcn due. Trustor will <br />be in default if a breach occurs under the terms of this Security Instrument or any other document execuuud for the purpose of <br />creature, securing or guarantying the Secured Debt A good faith belief by Bmheficiarp that Beneficiary at any time is uuecure <br />with respect to any person or reap obligated on the Secured Ueot or that the prospect of nny payment or the rattle of the Property <br />is impaired shall also constitute an event of default. <br />15. REMEDIES ON DEFAULT. In some instances - federal and state 1 r will require Beneficiary to pro ide Trustor oth notice of <br />the right to cat or other notices and may establish time schedules for foreclosure actions Subject to these 11111mallums , if any, <br />Beneficiary may accelerate the Secured Debt and foreclose this Secants Instrument in n manner provided by law if Traitor is in <br />deGull <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest mid principal shall become <br />immediately due and payable, after gluing notice if inquired by law, upon the occurrence of a default or anytime thereafter. In <br />addition, Beneficiary shall be council to all the renmdies provided by lay, the terms of the Scoured Debt, thus Security - instrwnent <br />and any related documents, including without limitation, the power to sell the Property. <br />if (here is a default, Trt ace shall. in addition to any other generated randy_ at are request of the ini eficiary. advertise and sell <br />ate Property as a whole or in separate parcels at public auction to the highest bidder for cash end coiney absolute tine free and <br />clear of all right, aide and interest of Trustor at such nine and place as'I'rustee designates. Trustee shall grey notice of sale <br />including the tine, terms and place of sale ;led a description of the property to be sold as recurred by tine applicable law in afoot <br />at the Nve of the proposed sale <br />Upon sale of the property and to dhc extant not prohibited by law, Trustee shell make and deliver a decd to the Property sold <br />which conveys absolute title to file purchaea, and offer first paying all fees, charges and costs. shall pay to Beneficiary all moneys <br />advanced for repaid taxes, Insurance, liens, assessments and prior encumbrances and (merest thereon, mid the principal and <br />interest on the Secured Debt, paying die surplus, if awry, to Truster. Beneficiary may purchase the Property. 'fhe recitals in any <br />deed of comevance shall be prima Gene evidence of the facts sex forth therein. All rcaedies arc district. cumulative and not <br />exclusiNc, and the Beneficiary is entitled to all remedies proyidM at law or crony, whetter or not expressly set forth. The <br />cceptance by Beneficiary of any sun in payment or partial payment en the Secured Debt after the balance is due or s accelerated <br />or alter foreclosure prweerungs are filed shall not constitute a waiver of Bcnef¢iaty's right to require complete core of any <br />e <br />sistung default By not exercising an m s <br />y reedy on Tar's default, Beraficiary does rot waive Beneficiary 's right to later <br />consider the event a default if it contours or happens again <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by <br />law. Tmstor agrees to pay all of Beneficiary `s expenses if'I'nnstor breaches any covenmtt in this Security [comment Tuator wfll <br />also pay on dcmmnd any amotua inmuind by Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property <br />and Benchciars s security interest These expenses will bear rarest Rom the date of the payment uuW paid in full at the [ugliest <br />interest rate in effect as provided in the terns of the Secured Debt. Trostor agrees te pay all toms and expenses in hued by <br />Beneficiary in collecting enforcing or protecting Beneficiarys rights and remedies coder this Security Instrument. This amount <br />may include, but is not limited lo, ahomeys' fees, conrt costs, mid other legal expernes. This Security Instrument shall remain in <br />effect until released . "Faster agrees to pay 1 o r call riaturchatiout costs of such release, <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SIi DS'fANCF.S. As used in this section, (1) Ell"ohmrental Law mines, <br />without limitation, the Comprelhcnsyc Emiwarrac tad Response, Compensation mid Liability Ac( (CBNCLA, 42 U. S 96U1 et <br />see.), and all other federal shire and local laws regulators. ordinances court orders, attorney 6 llers[ opinions or t ufal <br />letters concormang the public hedth, safety. y elfin environment or a hazardous substance, m d (2) 1fa ardoas loubstance means <br />any toxic ad'maenve or lime dms narluml, waste poll Ia t or conmmmarh wh eh has charactersurcs which wardlar die substance <br />claniscrousol Forehands daniscrous, to hepublic Traub, safety, Oelfare arensumment The term includes, ssit t linutai any <br />subsoil defined as firuardous Isla ,` toxic slomccs` `hOo-ardoue waste;' or hoop does substance' under My <br />Em9ronucaal Law. <br />T A rop pt as it wwmns and agrees Nat. <br />A. stored as prod skOr dosed and a k o us restriction in writing n t a pefc' s no Ha llu s f a substance is u will ce located. <br />stored nrteleased y Orin We Property l'Irs mshictlon does eel app( to small quartiles of Hazardous dons Substanecs that are <br />gencally recogrumd ro be appropriate for die annual use and irurntenance of one Surgery <br />13. Except is previously disclosed and acknowledged in writing to Beneficiary, Tmstor and every tenant lime been, arc and <br />shall remain in full compliance with anv applicable 2nydmvmemal Law. <br />C Truster shall immediadiv notify Beneficiary To mimeo or tareatoved release of a Hazardous Substance occurs on, Order or <br />nbmn thelirepeny or there is a dolmmn of any Earimnmenlal Law concerning the Property. In such mi leant Tmstor shall <br />lake all necessary remedial reach in accordance with my Environmental Law. <br />U. Trwmr shall inanimately notify Beneficiary in writing as noon as Turner has reason to bclivvc there is any pending or <br />threatened IM (S igmiorh, claim, or ProceeSng relating to the release a Nreatened release cranny Hazardous Substance or the <br />violation of our Filyimvmcuml I.i w_ <br />u0P2ir (04 2001) <br />