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200210406 <br />14. DEFAULT. Trustor will be in default if my party obligated on the Secured Debt fails to make payment when due. Truster <br />will be in default if a breach occurs under tfie terms of this Security Instrument or an yy other document executed for the <br />purpose of creating, sawing or guarantying the Secured Debt. A good faith belief by other that Beneficiary at my <br />time is insecure with respect to my 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 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 my, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided <br />by law if Truster is in default. <br />At the option of Beneficiary, all w my part of the agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after giving nonce if required by law, upen 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 my related documents, including without limitation, the power to sell the Property. <br />If there is a default, Trustee shall, in addition to an y 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 and convey absolute <br />title free and clear of all right, title and interest of Truster at such time and place as 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 Rtiperly <br />sold which conveys abbso(lore title to the purchaser, and after cost paying all fees, charges and costs, shall pay to Ben eficiary <br />all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the <br />nmpal and interest on the Secured Debt, Tying the surplus, if my to Truster. Beneficiary may purchase the Property. <br />We recitals in any deed of conveyance shall be from We 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, wherher or not ex ressly set forth. The acceptance by Beneficiary of my 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 my remedy on Trustor's default, <br />Beneficiary does not waive Bencficiary'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, Truster agrees to pay all of Beneficiary's expenses if Truster breaches my covenant in this Security <br />Instrument. Truster will also pay on demand any amour[ incurred by Beneficiary for inswing, inspecting, preserving or <br />otherwise protecting the Property and Beneficiary's security interest. These expenses 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. Truster agrees <br />to pa all costs and expenses incurred by Beneficiary in collating, 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 />mher legal expenses. This Security Instrument shall remain in effect until released. Truster agrees to pay for my <br />recordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, S1) Environmental Law <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liabi fry Act (CERCLA, 42 <br />U.S.C. 9601 a seq.), and all other federal, state and 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 />Hazardous Substance means my 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, my substances defined as "hazardous material," "toxic substances," <br />hazardous waste" or "hazardous substance" under my 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 Hazmdous <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 Beneficiary, Truster and every tenant have been, <br />are, and shall remain in full compliance with my 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 my Environmental Law concerning the Property. In such an <br />event, Truster shall take all necessary remedial action in accordance with any Environmental Law. <br />D. Truster shall immediately notify Beneficiary in writing as soon as Truster has reason to believe there is my pending <br />or threatened investigation, claim, or proceeding relating to the release or threatened release of my Hazardous <br />Substance or the violation of my Environmental Law. <br />18. CONDEMNATION. Truster will eve Beneficiary prompt notice of my pending or threatened action, by private or public <br />entities to purchase or take my or all of the Property through condemnation, emment domain, or my other means. Truster <br />authorizes Beneficiary to intervene in Trustor's name in my of the above described actions or claims. Truslor assigns to <br />Beneficiary the proceeds of my award or claim for damages connected with a condemnation or other taking of all or my <br />ppaartrt 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 terms of my prim mortgage, deed 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 requires. The insurance carrier providing the itemance shall be chosen by Truster subject to <br />Beneficiary's approval, which shall not be unreasonably withheld. I Truster 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." Truster shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies an renewals. if Beneficiary requires, Truster shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon less, Truster shall @@ve immediate <br />notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately �by Trustor. <br />11� (prge 3 of d) <br />Q 1994 Bmket Sygan5.In4.5L QWE. MN (I400J9] -ID41) four RE DT NF IOr!)h] e�'tl_N'i� <br />®® LI65(NE) tveoetaz <br />