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REREGNOW <br />20:020856'3 <br />200208397 <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial <br />statement ar infatuation Beneficiary may deer reasonably necessary. Trustor agrees to sign, deliver, and fide mry <br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve <br />Trustnr's obligations under this Security Instrument and Beneficiary's lien sWWS on the Properly. <br />6. WARRANTY OF TITLE. Trustor warrants that Trusor is Or will be lawfully seized of the estate conycycd by this <br />Security Instrument and has the right to irrevocably grant, coo -ey, and sell the Property to Trustee, in trust, with power <br />of sale. l rust., also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. DUE QN 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 for the creation of, a transfer or sale of the Property. This right is subject <br />to the rcalrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />8. DEFAULT. Trustor will be in default if any of the following occur: <br />Franc. Any Collimator Borrower engages in fraud or material misrepresentation in connection with the Secured Debt <br />that is an open end home equity plan. <br />Payments. Any Consumer Burrower 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 Trustor occurs that adversely affects the Property or Beneficiary's <br />rights in the Property. This includes, but is not limited to, the following: (a) Truster fails to maintain required <br />insurance na the Property: (h) Trustor transfers the Property; (c) Trualor commits waste or otherwise destructively uses <br />u fails to maintain Ore 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 act and thereby causes a lien to be filed against the Property that is <br />senior' to the lien Of this Sec my Instrument. (c) a sole Trustor dies, (Q if mare than one Trustor, any Trustor dies and <br />Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) a ludgnteul is filed <br />against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's intcresp or fit a prior <br />l ienlioldet forecloses an the Property and as a result, Beneficiary's interest is advcracly affected. <br />Exeeulive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate mid such Borrower becomes <br />indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws <br />and regulations_ <br />9. REMEDIES ON' DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, <br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if <br />Truster is in default In some inala tea, federal and state law will require Beneficiary to provide Trustor with notice of <br />the light to cure, or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy <br />of any notice of default and any notice of sale thereunder be mailed to each Trustor it the address provided in Section I <br />above. <br />At the option of the Beneficiary, all nr acv part 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 or <br />anytime thereafter. <br />If there is a default, Trustee shall, at 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 Trustor at such time and place as 1,il deingnates_ Trustee shall give notice of sale including the time, <br />terms and place of sale and a description of the property to he sold as required by the applicable law in effect at the time <br />of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property <br />sold which conveys absolute title to the purchaser, and afier first paying all fees, charges card costs, shall pay to <br />Beueticlary all moneys advanced for repairs, taxes, insurance, liens, assessments and print encumbrances and interest <br />thereon, and the principal and intcrest on the Secured Debt, paying the surplus, if any, to Trustor Beneficiary may <br />purchase the Property. The recitals in my deed of conveyance shall be prima tacie evidence of the facts set torth <br />therein_ <br />The acceptance by Beneficiary of any sum in payment or partial payment an the Secured Debt after the balance is due or <br />is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require <br />complete core of any existing default By net exercising any remedy on Trustor's default, Beneficiary does not waive <br />Beneficiary's right to later consider the incur a default if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS; A'LI'ORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br />any covenant in this Security Instrument Trustor agrees to pay all expenses Boreficiary incurs in performing such <br />concnanls or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred <br />for inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are <br />pa able on demand and will hear intcrest ficm the date c payment unti l paid in full at the Inghext rate of iit leresI in <br />eflbcl as In in the terms of the Secured Debt. T,u,wr agrees to pay all costs and expenses incurred by Beneficiary <br />in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument. This amount may <br />include, but is not limited h), Truafec s fees, court costs, and other legal expenses. To the extent permitted by the <br />United Slates Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the <br />Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall <br />remain in effect until released_ Trustor agrees to pay for any recordation costs of such release. <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Lain <br />means_ without bound mr, the Comprehensive finviron in care] Respon so, Compen sation and Liability Act (CERCLA. 42 <br />IT _C 9601 ct aef), mid all other federal, state mid local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health. safely. welfare, eirvironment or a hazard.., substance : and <br />(2) hazardous Substance means any toxic, radioactive ar hazardous material, waste, pollutant or contaminant which has <br />characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />environment The teen includes, without limitation, any substances defined as "hazardous material," "[exit substances,' <br />"ha`Jar'do115 waste" Or "hazardous substance" under any Fnvirimmcntal Law. <br />Trustor represents, warrants mid agrees that <br />A Except as previously disclosed and acknowledged in writing to Renefinary. no Hazardous Substance is or will he <br />located, stored or rcluascl on or in the Property. This restriction does not apply to small grwntilLes of Hazardous <br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, <br />are, and shall remain in fall compliance with any applicable Enalronmental Law. <br />C lhutor shell immediately notify Beneficiary its release or threatened release of a Hs,mdous Substance Occurs on, <br />under or about the Property or there is a violation of any Bnvironmenlal.Trnw jef, ring the Property. In such an <br />event, Trustor shall take all necessary remedial action in accordance with any Enviayrmental Law_ <br />I <br />lr 9e 3 of d) <br />Q�90f 9aneais SySemg. c. 6i bin..' b fpa <br />. AAN Fyn oCP PFat NF <br />l9!90 I"h'I\ijT�- <br />®.C465(NE);eoer ai - <br />T <br />