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20020984a <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 terns 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 flue 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 instance,, federal and state law will require Beneficiary to provide Trustor with <br />notice of the right to cure or other notices raid may establish time schedules for foreclosure actions. Subject to these <br />limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided <br />by law if Trustor 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 />Ill addition. Beneficiary shall be entitled to all the remedies provided by law, the terms of the Secured 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 tire Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute <br />title fret; and clear of all rigid, title mid interest of Trustor at such lime and place as Trustee designates. Trustee Shall give <br />notice of sale including the nine, 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 mid to the extent not prohibited by law, Trustee shall make and deliver a deed to the Properly <br />sold which conveys absolute title to tine purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary <br />all money, advanced for repairs, lases, insurance, liens, assessments and prior encumbrances and interest thereon, and the <br />In incipal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiay may purchase the Properly. <br />The recitals in any deed of conveyance shall he prima facie evidence of the facts set forth therein <br />All remedies arc distinct, cumulative and nil 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 waiver <br />of Beneficiary's right to require complete cure of tiny existing default. By not exercising any reaudy on Trustor'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 Sccudly <br />Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the Properly and Beneficiary's Security interest These expenses will hear interest from the date of the <br />payment until paid in full at the highest interest rate in effect as provided in the tenns of the Secured Debt. TrusLLm agrees <br />to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights mid <br />romedics 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) Envronmental Law <br />means, without limitation, the Ccmprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 <br />U.S.C. 9501 or .we.). and all other federal. state mid local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) <br />Ilazardous Substance means say toxic, radioactive or hazardous material, waste_ pollutant or contaminant which has <br />characteristics which leader the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />environment The term includes, without limitation, mry substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Environmental Law_ <br />Trustm 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 nr released nn nr in the Property . This restriction does not apply to small quantities of Hazardous <br />Substances that are generally recognized N be appropriate for the normal use and maintenance of the Property_ <br />B. Except as previously disclosed mud acknowledged in writing to Beneficiary, Truster and every tenant have been, <br />are, and shall remain in full compliance with any applicable Environnental Law. <br />C Trustor Shall immediately notify Beneficiary ifs release or threatened release of a Hazardous Substance occurs on. <br />under or about the Properly or there is a violation of any Environmental Law concerning the Property_ In such an <br />event, Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br />D. luster shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there iS sty pending <br />or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous <br />Substance or the violation of mry Environmental law. <br />18. CONDEMNATION. Trustor will give Rcncficiary prompt notice of any pending or threatened action. by private or public <br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in gl'ustor's name in any of the above described actions or claims. 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 />I ... amneat phis assignment of proceeds is subject to the terms of any prior mortgage, deed of trust. security agreement 1;r <br />other lien document <br />19. INSI; RANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably <br />associated with the Property due to its type mid location. This insurance shall be maintained in the amounts and for the <br />period, that Beneficiary requires_ The insurance carrier providing the insurance shall be chosen by Trustor subject to <br />Beneficiary's approval, which shall not be unreasonably withheld_ If Trustor fails to mountain the coverage described above, <br />Beneficiary may, at Beneficimy s option, obtain coverage to protecl Beneficiary's rights in the Property according to the <br />terms ofthis 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. tilt "liglici and renewals. IC Beneficiary requires, Truslnr shall <br />immediately al,c to Beneficiary all receipts of paid Pocam cis rid enewal notices. Upon loss, T nrstor Shall ghee immediate <br />notice to the msumnce carrier and Beneficiary. Benefciay team a pwol of loss if not made immediately by Trustor. <br />caio s ase1 -vain row aror+ir 10 27 1d��_ <br />®� Cl65(NE) izs 8,. x <br />