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6. 10. a -`,,a 200208824 Financial Reports and Additional Documents. Truster will provide to Beneficiary upon request, any tinaured statement or information Beneficiary may deer reasonably necessary_ Truster agrees to sign, deliver_ and file any additional documents or certifications that Beneficiary may consider necessary to perfect, eon time. and preserve Trustor's obligations under this Security Instrument mid Beneficiary's lien status on the PrrhPerry. WARRANTY OF TTFLE. Truster warrant, that Truster is or will be lawfully se,,cd of the estate conveyed by this Security Instrument and has the right to irrevocably grant convey, and sell the Property to 'Trustee. 121 trust, with power of sale To also warrants that the Property is unencumbered, except for encumbrances of record_ DUE ON SALE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of or contract for the creation of, a transfer or sale of the Property - This right is subject to the restrictions imposed by federal Imv (12 CT, R. 591), as applicable DEFAULT. Toaster will be in default if any of the following occur: Fraud Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan. Pavmenls. An_v Consumer Borrower an any Secured Debt that is at open end home equity plan fails to make a payment wlren due Property. Any action or inaction by the Burrower or Truster occurs that adversely affecta the Property or Beneficiary's rights in the PrnperLy. This includes, but is not limited to, the following: (a) Irustor tails to maintain required Insures ce on the Property: (bl Truster transfers 11te Property; (c) Trustor commits waste er otherwise destructively uses or fails to maintain the Property such that the action or inaction adversely affects Beneficiary's security ; (d) Truster fails to pay taxes nn the Property or otherwise fails to act and thereby causes alien to be fit against the Property that is senior to the lien of this Security Instrument; (e) a sole Truster dies; (f) iterate than one Truslon. any Truster dies and Beneficiary's security is adversely affected, (g) the Property is taken through eminoll domain, (h) a judgment is filed against Trustor and subjects Truster and the Property Ira action that adversely affects Beneficiary's interest or (i) a prior lienholder fihrecloses nn the Property and as a result Beneficiary's interest is adversely affictedf Executive Officers. Any Berrowcr is an executive officer of Beneficiary or an affiliate and such Borrower becomes indebted to Beneficiary or another lender in an aggregate amount greater than the innocent permitted under federal laws and regulations. REMEDIES ON DEFAULT. To addition to any other remedy available trader the terns of this Security Instrument. Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a mariner provided by law if Trustor is in default. In some instances.. federal and state law will require Beneficiary to provide Toaster with notice of the right to care, or other notices and may establish time schedules for foreclosure actions. Each Truster requests a copy of any notice of default and any notice of sale thereunder be mated to each Toaster at the address provided in Section 1 above. At the option of the Beneficiary, all or any par[ ft of the agreed fees and charges, accrued interest and principal shall heroine immediately due and payable, aer giving notice if requited by law, upon the occurrence of a default or anytime thereafter. If there is a default, Trustee shall, at the request of the Beneficiary, advertise mid sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free mid clear of all right, title and interest of Tri,tnr it such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and place of salt and a description of the property to be sold as required by the applicable law in effect or the (title of the touposed sale. Upon sale of (lie property and to the extent not prohibited by Imv, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and adei first paying all fees, changes and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and Interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase (he Property . The recitals in any deed of conveyance .shall be prima facie evidence of the facts set forth therein The acceptance by Beneficiary of acv sum in payment or partial payment on the Secured Debt utter the balance is due or is oecelem(ed or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require complete curt of any existing default By not exercising my remedy on Trustor's default, Beneficiary does not waive Beneficiary's right in later consider the event a default if it happens again. EXPENSES; ADVANCES ON COVENANTS; A'1 "1'ORNEYS' FEES; COLLECTION COST'S. IfTnhstnr breaches any covenant in [his Security Instrument Tr'u.srnr agrees to pay all expenses Beneficiary incura in pcdurming such covcna t, or protecting its security interest in the Property- Such expenses include, but are not limited lo, tees incurred for inspecting preserving, or ellterwlse protecting the Property and Beneficiary's security interest. These expenses are Payable on demand said will bear interest from the dare of payment until paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt To us, agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing At protecting Beneficiary's lights and remedies undo this Security Instrument This amount may include but is not limited to, Trustee s fees, court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Cock Truster agrees to pay the reasonable attorneys' fees Beneficiary incura to collect the Secured Debt as awarder) by any court exercising jurisdiction under the Bo la'uptcy Code. lliis Security In.snumcia shall remain in effect until released. Trustor agrees to pay for try recordation costs of such release. ENVIRONMENTAL. LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means. without limitation, the Comprehensive Enviroamea(al Response Compeusatton and Liability Act (CF.RCLA, 42 U.S C. 9601 et .scoff, and all ether federal, state and local laws, reg fariena, ordinances, court orders, attorney general opinions of interpretive Idlers concerning the public health, safety. wchnic, environmem or a hazardous .substance; and (2) Hazardous Substasa means any toxic, radioactive or hazardous material, waste. pollutant or coma imant which has characteristics which render the substance dangerous er potentially dangerous to the public health, safety, welfare or environment The Icon includes, without Nitration, any substances defined a, "hazardous material," "toxic suhalre"c'." "barardeus waste" or "hazardous suhstamcc" under any Environmental Law'. Trustor represents, warrants and agrees that. A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be located, stored or released on or in Ilan Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed mid acknow ty ledged in writing to Beneficiary. Trustor and evc tenant have been, me. and shall remain in bill compliance with any applicable Environmental Law_ Trustor shall immediately notify Beneficiary ff a release or threatened release of a ILwmdous Substance occurs on, under or about the Property in there is a, iolatiUn of any, �limvironmental Law concerning the Property. In such an even(, Trustor shall lake all necessary remedial action in accordance with any Environmental Law. (Pa9 o i 1 an "¢i 9y sloe. 91 ea r"' a, I19'9s ®C465(NE) gsr.oI w