Laserfiche WebLink
200208160 <br />14. DEFAULT. 'frustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor <br />will he in default if is breach occurs under the terms of this Security Instrument or any other document executed fur 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 any 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, REMEDIES ON DEFAULT. In some instances. federal and stale law will require Beneficiary to provide Trustor 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 ,nay accelerate the Secured Debt and foreclose this Security instrument in a manner provided <br />by law if Truslor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br />iurnediately due and payable, after giving notice if required by Inv, upon the occurrence of a default or anytime thereafter. <br />In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security <br />Instrument and any related documents, including wittout limitation, the power to sell the Property. <br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the requcsl of the Beneficiary, advertise <br />and sell the Property as o whole or in separate parcels at public aucti on to the highest bidder for cash and convey absolute <br />title free and clear of all right, tiit c and interest of Trustor at such time mid place a., Trustee designate, Trustee shall give <br />notice of sale including the time, terms and place of cde and a descn'ipfion of the property to be sold as required by the <br />applicable low in effect at the time of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by Imv, 'I rustee 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 card costs, shall pay to Beneficiary <br />all moneys advanced for repair, taxes, nesmanee. liens, assessments and prior encumbrances and interest thereon" and the <br />principal and interest on the Secured Debt, paying the surplus, if any, to Trustor- Renefciary may purchase the Property. <br />The recitals in mry deed of conveyance shall be prima facie evidence of the facts set for therein. <br />All remedies are distinct. cnmulah,c and nut cxclu,lve, mid the Beneficiary is entitled to all remedies provided at law or <br />equity, whether or not expressly set Furth. The acceptance by Benefic rl y of any sum in payment or partial payment on the <br />Secured Debt after the balance is due or is accelerated or after for.b sure proceedings are fled shall not constitute a waiver <br />of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's default. <br />Beneficiary 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 />prohibited by law, Trustor agrees to pay all of Bureficim,'s expenses if truster: breaches any covenant in this Security <br />Instrument Truster will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />olhervlse protecting the Property and Beneficiary's security interest. These expenses will bear interest from the date of the <br />payment until paid in fill at the highest interest rate in effect as provided in the terns of the Secured Debt, Trustor agrees <br />to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Reneficiary's rights mid <br />remedies under [his Security Instrument This amount may include, but is not limited to, attorneys' fees, court costs, and <br />other legal expenses. This Security Instimucut shall remain in effect until released_ Truster agrees to pay for any <br />recordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Fnvirnnmental Law <br />mean". without limitation the Coniprehenervc 1!muoumental Response. Compensation and Liability Art (CERCLA, 42 <br />U.S.C. 9601 et seq_y and all other faha.l, state slid local laws. regulations, ordinances. court orders, attorney general <br />eptmmns m interpretive leters concerting the public health. safety, welfare, environment or a hazardous suhstanec; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollmnd or cnntarninar t which has <br />characteristics which reader the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />environment The term includes, without limitation. any substances defined as "hazardeus material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Fnvimnmcuts] I xw. <br />Trustor represents, wurrants and agrees that <br />A. Except a, previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is on will be <br />located, stored or released on or in the Property. Thin restriction does not apply to small quantities of Ilazardous <br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property_ <br />B. Except es previously it i so] osed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, <br />arc, . and shall remain in full compliance with any applicable Environmental Law. <br />C. Truslor shall immediately notify Beneficiary if a release or threatened release of u Hazardous Substance occurs on, <br />under or about the Properly or there is a ciolalio i of any Environmental Law concerning the Propolty f l such an <br />event, Truster shall take all necessary remedial action in accordance with any Firs it onncnlal Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason Io believe Iheae is any pending <br />or threatened investigation. claim, or proceeding relating to the release or threatened release of any Hazardous <br />Substance or the violation of any Environrnenlal Law. <br />13. CONDEMNATION. 7 mstor will give Beneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase or take any or all of the Properly through condemnation, eminent domain. or any other means. Trustor <br />authorizes Reneficiary to intcneue in Trustor'.s nature in any of the above described actions or claim,. Trustor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected wilh a condemnation or outer taking of all or any <br />part of the Property . Ruch proceed, shall he considered pigments and will be applied as provided in this Security <br />Instrument. This assignment of proceeds is subject to the terms of any prim mortgage, decd of trust. security agreement or <br />other lien document_ <br />19. INSURANCE. Trustor shall keep Property insured ngain,l loss by Inc, flood, theft and other hazards and risks reasonably <br />associated will, the Property duc to its type and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor subject to <br />Beneficiary's approval, which shell not be unreasonahly withheld If Trustor fails to maintain the coverage described above. <br />Beneficiary may at Beneficiary's option obtain coverage to protect Beneficiary's rights in the Property according to the <br />terms ofthis Security Instrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" mod <br />where applicable, "loss payee clause"" Trusmr shall immediately notify Beneficiary of cancellation of termination of the <br />insurance. Beneficiary shall have (lie right to hold the policies and renewals_ If Beneficiary requires, Trustor shall <br />inunediately goc to Beneficiary all receipts of paid premiumsand neemosal notice, Upon -lei Trustor shall give immediate <br />nonce to the insurance carrier and Beneficiary. Beneficiary 11tAq make proof of losa ifnofmade immediately by Trustor_ <br />P41 <br />Q ' 99i BanFeu ayslens. Inc. 91 . Cloua. MN i i -000- ]SZPi I ra'n aEaTNF I p 17 97 <br />�x - Ct65(NE) i1901 o <br />