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200209666
<br />14. DEFAULT. 'fluster 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 or any other document executed for the
<br />purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary that Beneficiary at any
<br />time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or
<br />the value of the Property is impaired shall also constitute an event of default.
<br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Truster with
<br />notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these
<br />limitations, if any, Beneficiary ma � accelerate the Secured Debt and foreclose this Security Instrument in a manner
<br />provided by law if Tmstor is in defau t.
<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
<br />thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured Debt,
<br />this Security 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 pennimed remedy, at the request of the Beneficiary, advertise
<br />and sell the Property m a whole or in scyarale parcels at public auction to the highest bidder for cash and convey absolute
<br />title free and clear of all right, title and interest of'1'rustor at such time and place ac Trustee designates. Trustee shall give
<br />notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the
<br />applicable law in effect at the time 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 after first paying all fees, charges and costa, shall pay to
<br />Beneficiary all moneys advanced for repairs, taxes, insurance, Bens, assessments and prior encumbrances and interest
<br />thereon, and the principal and interest on (he Secured Debt, paying the surplus, it' any, to 'Truster. Beneficiary may
<br />purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts sex forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or
<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 balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a
<br />waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's
<br />default, 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, Tmstor agrees to pay all of Beneficiary's expenses if '1'rustor breaches any covenant in this Security
<br />Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or
<br />otherwise protecting the Property and Beneficiary's security interest 17hese expenses will bear interest from the dale of the
<br />payment until paid in full at the highest interest rate in effect as provided in the room of the Secured Debi. Trustor agrees
<br />to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and
<br />remedies under this Security lmtmment. 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. Tmstor agrees to pay for any
<br />recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Enviromnental Law
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CL'RCLA, 42
<br />U.S.C. 9601 el seq.), and all other federal, state and local laws, regulations, ordinances, court orders, altomey general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br />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. "Ilse lenn includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
<br />"hazardous waste" or "hazardous substance" under any Environmental Law.
<br />Truster represents, warrants 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 or in the Properly. This restriction does not apply to small quantities M Hazardous
<br />Substances that are generally recognized to be appropriate for the normal use and maunenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenaut have been, are,
<br />and shall remain in full compliance with any applicable Environmental Law.
<br />C. Tmelor 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 Environmental Law concerning the Property. In such an
<br />event, Tmstor shall take all necessary remedial action in accordance with any Environmental Law.
<br />D. Trustor shall innnediately notify Beneficiary in writing as soon as Tmstor has Eaton to believe there is any pending
<br />or threatened investigation claim, or proceeding relating to the release or threatened release of any Ilazardons
<br />Substance or tie violation of any Environmental Law.
<br />IS. CONDEMNATION. 'frastor will give Beneficiary prompt notice of any pending or threatened action, by private or public
<br />entities to purchase or lake any or all of the Property through condemnation, eminent domain, or any other means. Treanor
<br />authorizes Beneficiary to intervene in Trustees name in any of the about described actions or clams. Trustor assigns to
<br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any
<br />part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security
<br />Instrument. This assignment of proceeds is subject to the terns of any prior mortgage, deed of trust, security agreement or
<br />other lien document.
<br />19. INSURANCE. Trustor shall keep Properly insured against loss by fire, flood, theft and other hazards and risks reasonably
<br />associated with die 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 Truster subject to
<br />Beneficiary's approval, which shall not be unreasonably withheld. If Toaster fails to maintain the coverage described
<br />above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according
<br />to the terms of this Security Instrument.
<br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and,
<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 the politics and renewals. If Beneficiary requires, Truster shall
<br />immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Tmstor shall give
<br />irmncdiate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not nude immediately by
<br />Tmstor.
<br />(page 3 of 4)
<br />,41994 Benken SyTlmn, Ire, St Cl—d, MN 11800397 -33411 Form HEDTNE 10PR7
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