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200210775 <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 he in default if a breach occurs under the Denis 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 Trusmr with <br />notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject in these <br />limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner <br />provided by law if Truster is in default. <br />At the option of Beneficiary, all or any pact 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 Properly. <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 the Property as a whole or in separate parcels at public auction m 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, terms and place of sale and a description of the progeny 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 costs, shall pay to <br />Beneficiary all moneys advanced for repairs, taxes, insurance, liens, asscssmcnts and prior encumbrances and interest <br />thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, m Trustm. Beneficiary may <br />purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, emulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or <br />equity, whether or not expressly ad 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 Trustee'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, Trustor agrees to pay all of Beneficiary's expenses if Truster 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. 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. 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 Instrument. This amount may include, but is not limited lo, 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, (l) Environmental Law <br />means, without limitation, the Comprehensive Eaviromn¢m al Response, Compensation and Liability Act (CERCLA, 42 <br />17 &C. 9601 et 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, envirotmtent 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. The term 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 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 Beneficiary, Trustor and every tenant have been, are, <br />and shall remain in full compliance with any applicable Environmental Law. <br />C. Trustor 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, Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason Do 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. Tmstor will give Beneficiary prompt Dotim 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. Tmsmr <br />authorizes Beneficiary to intervene in Truster's time 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 Properly- Such proceeds shall be considered payments and will be applied as provided in this Security <br />our . This t. ofpmnceedcis .subject m the terms of any -prior mortgage. deed of arm a, security aga�sasnm or <br />other hen 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. What Leader requires pursuant to the preceding sentence can change during the term of <br />the loan. The insurance carrier providing the Dominate shall be chosen by Trustor subject to Beneficiary's approval, which <br />shall not be unreasonably withheld. If Truster fails to maintain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights to the Property according to the terms of this Security <br />Instrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, <br />where applicable, "mss payee clause." Trustor shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices. Llpon loss, Trustor shall give <br />immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by <br />Truster. <br />3 of 41 <br />�cr cT v�ym /page ©1996 Banhms 5yxumx, Inc., St CIwG. MN Farm nE -0T -NE 1/30/300] <br />4 <br />