Laserfiche WebLink
200208562 <br />Financial Reports and Additional Documents. (raster will provide to Beneficiary upon request, any financial <br />sWtcment or information Beneficiary may deem reasonably necessary_ Truster agrees to sign, deliver, and file any <br />additional documents or certifications that Benefient) may consider necessary to perfect- and preserve <br />Trustor's obligations under iris Security Instrument and Beneticfary's lien status on the Property. <br />6. WARRANTY OF TITLE. Trustor warrants that 'frostor is or will be lawfully seized of the estate cnveved by this <br />Security Instrument and has the right to irrevocably grant, convey. and sell the Property to Trustee, in trust, with power <br />of sale Truster also warrants that the Property is unencumbered, except for encumbrances of record_ <br />7. DUE ON SALE. Beneficiary may, at its option_ declare the entire balance of the Secured Debt to be immediately due <br />and payable upon the creation of, or contract Cot the creation of', a transfer or sale of the Property_ This right is subject <br />In the restrictions imposed by federal law (12 ( I . 591), as applicable. <br />8. DEFAULT. 'IFustnr will be in default if any of the following occur: <br />Fraud. Any Consumer Burrower engage in Gaud or material misrepresentation in connection with the Secured Debt <br />that is an open end home equity plan_ <br />Payments. Any Consmucr Borrower on any Secured Debt that is an open end home equity plan fails to make a payment <br />when due. <br />Property. Any action or inaction by the Borrower or Irustor occurs that adversely affects the Property or Beneficiary's <br />rights in the Property- Iles includes, but is not limited to. the following: (a) Trustor fails to maintain required <br />insurance on the Properly: (b) Trustor transfers the Property. (c) I roster commits waste or otherwise destructively uses <br />nr Calls to maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustor fails <br />to pay taxes on the Property or otherwise fails to of and thereby causes a lien to be filed against the Property that is <br />senior to the lion of this Security Instrument, (e) a sole I ouster dies; (f) if more than one Trustor, any Truslor dies and <br />Berefici ny's security in adversely affected: (g) the Property is taken through eminent domain; (h) a judgment is filed <br />against I j ustor and subjects Truster and the Property to action that adversely affects Beneficiary's interest; or fit a prior <br />lienholder forecloses on the Properly and as a result. Beneficiary's interest is adversely affected. <br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such Borrower beeonre, <br />indebted to Beneficiary or another lender in an aggregate amount greater tlran the amount permitted under federal laws <br />and regulations. <br />9. 11F.MEEdES ON DEFAULT. In addition to any other remedy available under the terms of this Sccunly I fish rwnenl, <br />Beneficiary may accelerate the Secured Debt and f..relou this Security Inslruntent in a manner prodded by law if <br />Trustor is in default In some instances. federal and state law will require Beneficiary to provide Truster with notice of <br />the right to cure, or other notices and may e'tablish time schedules for foreclosure actions_ Lac IF Trustor requests a copy <br />of any notice of defanIt and any notice of 'a1 thin corder be mailed to each 1) later at the address provided in Section I <br />above. <br />At the option of the Benefician'. all of any pail of the agreed fees and charges. accrued interest and principal shall <br />become immediately due and payable, after giving notice if required by law, upon the Occurrence of a default of <br />anytime thereatier, <br />If there is a default, T rattler, shall, al the request of the Beneficiary, advertise and sell the Property as a whole or in <br />separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title <br />and interest of l raster at such time and pace as Trustee designates. Trustee shall give notice of sale including the time, <br />terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time <br />,,fine proposed sale. <br />Upon sale of the property and to the extcnl not prohibited by law, 'fmstee shall make and deliver a deed to the Property <br />sold which conveys absolute title to the purchaser. and aher lint paying all fees, charges and costs. shall pay to <br />Beneficiary all moneys advanced for repairs. taxes, insurance, liens, assessments and prior encumbrances and interest <br />thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may <br />purchase the Properly. The rcdtals in any deed of conveyance shall he prima facie evidence of the Iacts set foflh <br />therein. <br />1 he acceplance by Beneficiary of airy aunt in payment or partial payment on the Secured Debt after the balance is decor <br />is aceclac,lcd or afle, foreclosure proceedings are fled shall not constitute a waiver of Bcneficiarv's right to require <br />complete cure of nny existing default By not exercising any remedy on Tif f s default. Beneficiary does not waive <br />Heneficiary s right to later consider the event a default if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br />any covenant in this Security Instrument. Trustor agrees to pay all expenses Beiefidary incurs in performing such <br />covenants or protecting its security interest in the Property. Such expenses include, but arc not limited to, Teti incurred <br />Cot inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are <br />payable on demand and will bear interest from thic dale of payment until paid in full at the highest rate of interest in <br />effect as provided in the let fit s of the Secured Debt I tstor agrees to pay all costs and expense incurred by Ber eiciary <br />in collecting, enforcing or protective Beneficiary's rights and remedies under this Scantily Icon untenl. This amount may <br />include, but is not limited to_ Trustees f es. court costs, and other legal expenses, to the extent permitted by the <br />(Jutted Stales Bankruptcy Code. Truster agrees to pay the reasonable attorneys fees Bcncflciap incurs to colle;l the <br />Scouted Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall <br />remain in effect until released- 1 rustnr agrees to pay Cot any recordation costs of such release. <br />H. ENVIRONMENTAL LAWS AND IIAZARDOLS SURSTANCES. As used in this section, (1) Environmental Law <br />means. without limitation, the (onaprcher,ne Environmental Response, Compensation and Iiabihty Act toLRCL V 42 <br />I) SC 9601 at soul.), and all other federal. state and local laws, regulations, ordinances, court orders. altorncy general <br />opinions of interpretive letters concening the public health, safety, McLane, environment or a hazardous substance. and <br />(2) Iazardo rs Substance means any loxie radnouctive or hazardous material, waste_ pollutant or contaminant which has <br />characteristic, ,Inch render the substance dangerous or potentially dangerous to the public health, sally. welfcc of <br />envi ronnrenl. lire let in mdud,,. without limitation, env ,ubstal e,, defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazndou, substance" under any Eaviromnenlal Law. <br />Trotter represents. warrants and agrees that. <br />A. Lxcept as previously disclosed and acknowledged in willing to Beneficiary, no Hazardous Substance is or will be <br />located, stored or released on of in the Property. This restriction does not apply to small quantities of Iazardous <br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br />R. Fxcept as previously disclosed and acknowledged in writing to Beneficiary, Truster and every tenant have been <br />are. and shall terrain in fall compliance with any applicable Fnvironmental Law. <br />C. Trustor shall inunediately route Reneticia , if n release or threatened release of'. Hazardous Substance occurs on, <br />under or ,beat the Propertw or do ae is a violation of any Environmental Law concerning the Properly. In such an <br />eocut. Trustor shall take all necessary remredial action in accordance with any Fnvironmenlal Law. <br />(page 3 of 4) <br />-r oga ee,xx¢ 111.1 11, 11 Ora W MN Fmm OOP n®T rE I. � <br />i=-C465(NE) laaost n- �"I <br />o� <br />