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2002111,46 <br />14. DEFAULT. 'Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Tractor <br />will he in default if a breach occurs under the icings 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 of 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 any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner <br />provided 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 <br />thcazRcr. In addition, Beneficiary shall be entitled to all the remedies provided by law, the lertus of the Secured Debt, <br />this Security Instrument and any related documents, including without limitation, the power to sell the Property <br />It 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 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, terms and place of sale and a description of the properly to be sold as required by the <br />applicable law in effect at the time of the proposed sale. <br />I Tam 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, assessments and prior encumbrances and interest <br />Bacteria, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. 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, 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 nn 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 Tmstor'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 taw, Trustor agrees to pay all of Beneficiary's expenses if Trustor 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 aceurity 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 hams 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, (1) P,nvirumnemal Law <br />.cans, without limitaliou, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 <br />11, S. C. 9601 et sect.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public heahh, 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 />covimfoura. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazard,,.., substance" under any Environmental Law. <br />Trustor 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. 'Ibis restriction does not apply to small quantities of hazardous <br />Substances that are generally, recognized to he appropriate for the nomed use and maintenance of the Property. <br />If 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. 'I 'faster shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs on, <br />under ,,r 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 to believe there is any pending <br />or threatened investigation, claim, or proceeding relating m 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 lake any or all of the Property through condemnation, eminent domain, or any other means I faster <br />authorizes Beneficiary to intervene in Trustor's Dame in any of the above described actions nr 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 Imasals shall be considered payments and will be applied as provided in this Security <br />Instrument. This assigmment of proceeds is subject to the terms of any prior mortgage, decd of trust, security agreement or <br />other lien document. <br />19. INSURANCE. Treanor shall keep Property insured against loss by fire, flood, theft and other hazards end risks reasonably <br />associated with the Property due to its type and locution. 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 teem of <br />the loan. The insurance carrier providing the insurance shall be chosen by Truster subject to Beneficiary's approval, which <br />shall not be unreasonably withheld. If Tmsbtr fails to frimmain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terns 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 />whew 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 policies and renewals. If Beneficiary requires, Trushn shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices, Upon 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 />Trustor. <br />rpaga 3 0{ 4) <br />�ISSa a " "a —sysc.m.. mom.. st -a " "a. my ro,m xt -crave viorzooz '� <br />