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200207137 <br />14. DEFAULT. Tmstor will be in dcfaull if any party obligated on the Secured Debt fails oa make payment when (Inc.. Trsur <br />will be in default it a breach occurs under the ems of this Security Instrument or any other document executed for the <br />pntpnse of creating, seeming or guarantying tiny Secured Debt A good faith belief by lb ncfneiary that Bercfiuiary at any <br />time is insecure with reslreul to any person or early obligated no the Secured Debt nr that the prospect of any payment or <br />the value of the oroper y is impaired shall also constitute an went of default. <br />15. REMEDIES ON DEFAULT. In sonic instances, federal and state law will require reactionary to provide Tmsmr with <br />notice of the night Ia cure or other notices and may establish roc schedules for foreclosure anions. Subject to these <br />limitations, it any, Aencfieia a may accelerate rte Secured Debt and foreclose this Security historical in a remove <br />provided by law if msoar is is dcfaull. <br />At the option of Beneficiary, all or any pan of the areed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after giving notice if required by law, upon the Occurrence of a default or anytime <br />thrreaRpr. In aNlition, Beneficiary shall he entitled to all the remedies provided by law, the hunts of the Secured Debt, <br />Iles Security lnshunicnl and any related documents, including without limbabnn, the power to sell the Property. <br />If them is a default, Trustee shall, in addition to any other pemnitted remedy, at the request of rte Beneficiary, advertise <br />and sell the property as a whole or in separate parcels at public auction to the highest bidder for cash and emery absolute <br />title free and clear of all right, title and tun <br />interest of trustee it such e and place as'fmstee 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 w effect at the time of etc proposed sale. <br />Upon sale of the property and to the extent not reminded by law, Tell shall make and deliver a decd to the property <br />sold which conveys absolute tire to We purchaser, and after first paying all fees, charges and costs, shall pay to <br />BenyBciary all reeves advanced far repairs, taxes, insurance, lions, assessments and pence ecutibrano; and interest <br />thereon, and the principal and interest on the Sternal Dahl, paying the surplus, if any, to 'Tmsmr. Beneficiary may <br />purchase the Property. The recitals in any decd of conveyance shall he prima facie evidence of the facts Net forth thyroid <br />All remedies arc distinct, cumulative and not exclusive, and the Rvnedciary is entitled to all cathodes provided at law or <br />equity, whether or not expressly set forth. 'the au xinaney by Beneficiary of any sum in payment or partial payment an the <br />Secured Debt after the balance is due or is accelerated or after foreclosure proceedings arc plead shall not constitute a <br />waiver ofByncfiphory's right to require complete core of any existing default. Be not exercising any remedy on Toaster's <br />default, Inenefurmyr does not waive Beneficiary's right to lards consider the event a default if it continues or routines again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION costs. Except when <br />prohibited by law, 'frusur agrees to pay all of Rcncfmiary's expenses if Tmstor breaches any co vela ll in this Security <br />bobune.nt Tmstor will also pay on thousand any amanW incurred by Ieneficiary for looming, inspecting, preserving or <br />uhcrwise protecting the Property and Beneficiary 's security invest. These expenses will bear Interest from the date of tine <br />payment until paid in fail at the highest inured rate in effect as provided in the terms of Ben Secured Debt. Tmstor agrees <br />to pay ell costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beeefeciary's rights and <br />medics under this Security Insuunient This mnouvl may include, but is not limited to, slimness' fees, court costs, and <br />other legal expenses. This Security Instrument shall remain in effect until released. Tmsmr agrees ire pry for any <br />recordation casts of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <br />means, wirmnt Bnilution, the Comprehensive Enrvhm annual Response, Compensation and Liability Ael (CERCLA, 42 <br />U S.(' . 96ol or srq.), and all other federal. state and local laws, regulations, Ordinances, court orders, attorney general <br />Opinions or interpretive letters concerning the public heabli, safely, welfare, environnnent or a hazardous substance, and (2) <br />HazaNuus Substance means any Iexiq radioactive or hazardous material, waste, pollutant or ennam anion which has <br />charauhoenetics which render fine substance dangerous Or pnhonllally dangerous to the public heard), safety, welfare or <br />9 environment The ime home includes, without itation, any substances defined as motioning mauenal,' 'toxic ,substances," <br />muzardous waste" or "h %ardous substance" under any Environmental Law. <br />Tmstor Minnescros, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged is writing In Iicncficiary, no Hortatory Substance is or will he <br />located, soared or released on or in We property. 'Phis restriction does not apply to small quantities of Hazardous <br />Substances that arc generally recngnizah to be appropriate for the annual use and maintenance of Ibe Properly <br />11, Except as pre imusly disclosed and acknowledged in writing to beneficiary, 'Tmstor and every loused have been, arc, <br />and shall remain in lull comphaace want any applicable Hnoirmmncnul l.aw. <br />C. i factor shall bnmediaely notify Beawficlary If a release or threatened release of a Hazardous Substance "cents on, <br />under or about the Property or these is a violation of any Pnvironmental Law concerning the Properly. In such an <br />event,'I "resur shall take all necessary runedbi action in accordance with any Emirotanc lal Law. <br />1) 1'castor shall immediate]), notify liatoriciary in writing as .soon as Truster has mason to Mllicve there is any pending <br />or Ihoatmed investigation, daily, or proceeding rotating to the release or threatened release of any Hazardous <br />Substance or fire violation at any Luviromnenal Law. <br />18. CONDEMNATION. Tram will give ]lcneficiary prompt notice of any pending or thrrahned adman, by private or public <br />artitics Ire purchase or take any or all of to Property aumtgh condemnation, eminent domain, or any other means. 1'msur <br />authorizes Acmresary m intorvmm in 'fmstor's name in any of the above described actions or de11 (Mend assigns to <br />Beneficiary the proceeds of any award or claim for startles comncced with a condemnation or odor taking of all or any <br />4art of ru Property. Such proceeds shall be considered payments and will be applied as provided in this Security <br />instrument, This assignment of proceeds is subject a the terms of any prior mortgage, deed of cost, security agreement or <br />other lien document. <br />19. INSURANCE.' I' noose shall keep property insured against loss by fire, flood, thyR and other hazards and risks wasenably <br />associated with the Pmparty due to its type and location. 'Ibis announce shat[ be maintained in the amounts and for the <br />periods that Bpproval, ricer) l The insurance unreasonably carrier providing the insurance f duals m drain by Treater subject u <br />Beneficiary's approval, which shall net be on, obtain c withhdd. If 'eat Bc fails a rights in the Property described <br />above, Ilm Of may, ty Instrument <br />option, mhfaiv env .rngc le pmlwf Bcve[iclary 's rignry in din Property according <br />to We tartns oP Mils security Iuslmmcnl. <br />All insurance politics and renewals shall he acceptable to Beneficiary and shall Include a standard "mortgage clause" and, <br />where applicable, loss payoc clause. 'fnistor shelf ininodiuhis many Beneficiary of cancellation Or lemonation of the <br />insurance Beneficiary stu11 have the right to mold file policies and renewals. If Beneficiary nqules, Tmalor shall <br />immediately give to Dcacricinry all reclpts of paid premiums and renewal notices. Itpon loss, Tesler shall give <br />immediate notice to Inc insurance carrier and Beneficiary . Bcnciciery may make proof of less if not made immediately by <br />( motor <br />Ip➢e 3 or of <br />