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200209888 <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Truster <br />will be in default if a breach occurs under t e terms of this Security Instrument or an y other document executed for the <br />purpose of creating, securing or guarantying the Secured Debt. A cited faith belief by other that Beneficiary at any <br />time is insecure with respect to any pawn or entity obligated on [ e 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 Trustor 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 my accelerate the Secured Debt and foreclose this Security Instrument in a manner provided <br />by taw if Pri stor 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 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 an other Permitted remedy, at the requm of the Beneficiary, advertise <br />and sell the Property as a whole or in separate parce s at public auction to the highest bidder for cash and 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 time, tams 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 propa�ty and to the extent not prohibited b law, Trustee shall make and deliver a deed to the Property <br />sold which conveys absolute title to the purchaser, and after firs[ paying all fees, charges and costs, shall pay to Beneficiary <br />all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and 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 a prom 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 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 any existing default. By not exercising any remedy on Truster's default, <br />Beneficiary tloes 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 li law, Truster agrees to pay all of Beneficiary's expenses if Truster breaches any covenant in this Security <br />Instrument. Truster will also pay on demand any amount incurred by Beneficiary for insuring, iaspec[ing, preservergg or <br />otherwise protecting the Property and Beneficiary's security intae3. These ex ses will bear interest from the date of'the <br />payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees <br />to pa all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and <br />remedies 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, M) Environmental Law <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 <br />U.S.C. 9601 et nq.), and all other federal, state and local laws, regulations, ordinances, court ordas, attorney 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 haanrdous 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 "]iazardous 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 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 />B. Except as previously disclosed and acknowledged in writing to Benefici Truster and every tenant have been, <br />are, and shall remain in full compliance with any applicable Environmental aw. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, <br />soda or about the Property or there is a violation of any Environmental Law concaving the Property. In such an <br />event, Trustor shall lake alt necessary remedial action in accordance with any Environmental Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending <br />or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous <br />Substance or the violation of any Environmental Law. <br />18. CONDEMNATION. Trustor will give Beneficiary 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. Truster <br />authorizes Beneficiary to intervene in Trustor's time in any of the above described actions or claims. Truster 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 [he 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 terms of any prior mortgage, decd of trust, security agreement or <br />other lien document. <br />19. INSURANCE. Truster 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 and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary r sires. The instance carrier providing the insurance shall be chosen by Truster subject to <br />Beneficiary's approval, whi� shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, <br />Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />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 Reneficiary, of cancellation or termination of the <br />instance. Beneficiary shall have the right to hold the policies and renewals If Beneficiary requires, Truster shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss; Truster shall gire immediate <br />notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Truster. <br />(page 3 of 4) <br />Q IV94 &a Rel Syllml. Int. St owd MN (I 500 3173341) Eam RE DINE IOWN7 <br />-C165(NE) N8os)o2 <br />