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200204091 9 <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due Trustor <br />will be in default if a breach occurs under the terms of this Security Instrument of any other document executed for the <br />purpose of creating, securing or gummnying the Secured Debt A good faith belief by Beneficiary that Bcncriciary at ally <br />time is insecure with respect to any person or entity obligated on the Seemed Debt or that the prospect of any payment or <br />the value of the Property is impaired shall also constitute on event of default. <br />15. REMEDIES ON DEFAULT. In some instances. federal and state law will require Beneficiary to provide Trustor with <br />notice of the right to erne or other notices and may ealublish time schedules for foreclosure actions. Subject to these <br />limitations, Tony, Beneficiay may accelerate the Secured Debt acrd foreclose this Security Instillment in a manmer provided <br />by law if fr istor 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 />immediately due and payable, after giving notice if required by law, 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 Seemed Debt, this Security <br />Instrument and any related documents, including without limitation, the power to sell the Property. <br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise <br />and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash mid convey absolute <br />title free and clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give <br />notice of sale including the Lillie, tenus and place of sale and a description of the property to he sold as required by the <br />applicable law in effect at the time of the proposed Salo <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 after first paying all fees, charges and costs, shall pay to Benefieiay <br />all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances acrd interest thereon, and the <br />principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. <br />the recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law m <br />equity, whether or not expressly set forth. The acceptance by Beneficiary of any sum in payment or partial payment on the <br />Secured Debt after the bola ce Ls due or is accelerated m alter foreclosure proceedings are filed shall not constitute a waiver <br />of Beneficiary's right to require complete cure of any existing default By not exercising any remedy on Trustee'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 Beneficiary's expenses if Trustor breaches any covenant in this Security <br />Toslmment. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving o[ <br />otherwise protecting the Properly mid Beneficiary's security interest. These expenses will bear interest fi'om the date of the <br />payment until paid in full of the highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees <br />to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br />rcmcdies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and <br />other legal expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any <br />recordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <br />meatus, without limitation, the Comprehensive Environmental Response, Compensation mid Liability Act (CERCLA, 42 <br />U.S.C. 9601 el seq.), and all other federal, time and local laws, regulations, ordinances, court ordem, attontey general <br />opinions or interpretive letters concerning the public health, safety, welfare, enviro nient or o hazardous substance; and (2) <br />Hazardous Substance means any toxic, radioactive or huaidous material, waste, pollutant or contaminant which Ines <br />characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />,alcuonnnenl. the term includes, without limitation, may substances defined as "hua'dous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Fnvii onmental Law. <br />Trustor represents, warrants and agrees that <br />A. Except as previously disclosed stud acknowledged in writing to Beneficiary, no Hazardous Substance is or will be <br />located, Stored in released on or in the Property. This restriction does not apply to small quantities of Hazardous <br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. <br />R Except as previously disclosed mid acknowledged in writing to Beneficiary, Trustor and every tenant have been, <br />are, stud shall remain ill full compliance with any applicable Environmental Law_ <br />C. 'truster shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substmuce occurs on, <br />under m about die Property or there is a violation of any Environmental Lew concerning the Property. In such an <br />event, Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as'Irustor has reason to believe there is any pending <br />or threatened investigation, claim, or proceeding relating to the release m threatened release of any Hazardous <br />Substance or the violation of any Lnvironmental I.aw, <br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase nr take any or all of the Property tlurough condemnation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in Truster's name in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the proceeds of any award or claim far damages connected with a condemnation or other taking of all or ally <br />part of the Property. Such proceeds .shall be considered payments and will be applied as provided in this Security, <br />histrnment. This assignment of mocceds is subject to the terms of any prior mortgage, deed of trust, security agreement or <br />other lien mcurman. <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, hood, theft and other hazards and risks reasonably <br />associated with the Property due 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 />Iieneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above. <br />Beneficiary may, at Beneficiary's option, obtain eovemge to protect Beneficiary's rights in the Property according to the <br />terms of this Security hnstrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" mid, <br />where applicable, "loss payee clause." 'trustor Shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold Ilse policies and renewals_ If Beneficiary requires, Trustor shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices, Upon loss, Trustor shall give immediate <br />notice to the Insurance carrier std Beneficiary. Beneficiary may make proof of loss if not made immediately by Trustor <br />(Pe9 <br />C <br />1994 9.rnk— Syelos. ln4.. Si LI0u0. MN I1 800J11791411 FO,m R6V l —tit 1U12N9/ <br />�© <br />C165(NE) ols 1111 <br />