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zooz64tss <br />Financial Reports and Additional Documents. Truster will provide to Beneficiary upon request, any financial <br />statement or information Beneficimy may deem reasonably necessary. Trustor agrees to sign, deliver, mid file any <br />additional documents or cerhficabo r, that Beneficiary may consider necessary to perfect, continue, and preserve <br />Trustoe's obligations under this Security Instrument and Beneficiary's limn status on the Property. <br />6. WARRANTY OF TITLE. Trustnr warrants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument mid has lire right to irrevocably gimnt, convey, mid 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 OJt SALE, Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due <br />mid 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 restrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />8. DEFAULT. Trustnr will be is default if any of the following occur: <br />Fraud. Any Consumer Narower engages in fraud or material misrepresentation in connection with the Secured Debt <br />that is an open end horn equity plan. <br />Payments. Any Consumer Borrower on any Seemed 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 Tmstor occurs that udversely affects the Property or Beneficiary's <br />rights in the Property. This includes, but is not limited to, the following: (a) "Trustor tails to maintain required <br />insurance on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses <br />or fails to maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustnr fails <br />to pay taxes on the Property or otherwise fails to act and thereby causes a Iten to be filed against the Property that is <br />senior to the lien of this Sprintry instrument; (c) a sale Trustor dies; TI if more than one Truster, any Trustor dies and <br />Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed <br />against Truster mid subjects Trustor mid the Properly to action that adversely affects Beneficiary's interest; or (if a prior <br />lienholder forecloses on the Property and as a result, Reneficiary's interest is adversely affected. <br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate said 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 mry other remedy available under the terms of this Security Instrument, <br />Beneficiary may accelerate the Secured Debt mid foreclose this Security Instrument in a manner provided by law it <br />Truster 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 ether notices and may establish time schedules for fnteclosm'e actions. Each Trustor requests a copy <br />of mry notice of default mid any notice of sale thereunder be mailed to each Trustor at the address provided in Section I <br />above_ <br />At the option of the Beneficiary, all or any 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 mid sell the Property as a whole or in <br />separate parcels at public auction to the highest bidder far cash and cnmey absolute title Crcc and clear of all right, title <br />and interest of Trustor at such time mid place as Trustee designates. Trustee shall give notice of sale including the time, <br />terns 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 />of the proposed sale. <br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make and deliver a decd to the Property <br />sold which ecnvcys absolute tide to the purchaser, and after first 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 recitals in any deed of conveyance shall be prima facie evidence of the facts set forth <br />therein. <br />The acceptance by Beneficiary of any sum in payment or partial payment on tie Secured Debt alter the balancers due er <br />is ."chinned or after foreclosure proceedings we filed shall not constitute a waiver of Beneficiary's right to require <br />complete cure of any existing default. By not exercising any remedy on Trustnr'% default, Beneficiary does not waive <br />Beneficiary's right to later consider the event a definull if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COST'S. If 'I raster breaches <br />any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such <br />covenants 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 />payable on demand and will bear interest from the date of payment until l�aid in full at the highest rate of interest in <br />effect as provided in the terms of the Secured Debt. Truster agrees to pay all costs mid expenses incurred by Beneficimy <br />in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument This mnount may <br />include, but is run fronted to, Trustee's fees, court casts, 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- fits Security Instrument shall <br />remain in effect until released. Trustor agrees to pay for any recordation costs of such release_ <br />it. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <br />means, without linutatu n, the Comprehensive Fnvirnnmental Response, Compensation and Liability Act (CERCLA, 42 <br />L`S"C. 9601 of scrT), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />opinions m' interpretive letters Concerning the public health, safety, welfare, environment or a hazardous substance; and <br />(2) Hazardous Substance means any toxic, radioactive or 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 term includes, without limitation, any substances defined as "hazardous material_" "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Environmental law. <br />Trustor represents, warn its and agrees that <br />A. Except as previously disclosed and acknowledged in writing to Beneficiary. no Hazardous Substance is or will be <br />located, stored or released on min the Property_ This restriction does not apply to small quantities of Hazardous <br />Substances that we generally recognized to be appropriate for the normal use and maintenance ofthe Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor mid every tenant have been, <br />are, mid shall remain in full compliance with any applicable Environmental Law_ <br />C. 'truster shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on. <br />under or about the Property or there is a violation of any Emironmcri al Law concerning the Property. In such an <br />event Trustor shall take all necessay repedial when in accordance with any Environmental La <br />i <br />(page 3 of 4) <br />©15549anFe¢5 nS, Inc. 51. 01ou41A N 101n eC1 Ina RE 1' Id! 99 <br />- C465BE) 1"o2yo2 <br />