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200213466 <br />14. DEFAULT. Truster 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 nhligaled 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 rusty accelerate the Secured Debt and foreclose this Security Instrument in a manner <br />provided by law if "Trustor is in default. <br />At the uption of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br />hamediately 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 arty related doeunenls, 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 the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute <br />title fro: and clear of all right, title and interest of Trustor at suet, nine and place As Travlee designates. Trustee shall give <br />notice of sale including the time, terms add 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 pmpostal 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, insuranec, liens, ayscssmcnls and prior encumbrances and interest <br />thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary Tray <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 nor exclusive, and the Beneficiary is entitled to all remedies provided a 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 <br />waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Tmslor'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 m pay all of Beneficiary's expenses if Trusmr 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 temrs 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 het ment.. 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) Environmental Law <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 <br />C S . 9601 et seq.), and all other federal, stale and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, cnvirmunent or a hazardous suhstauce; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br />characteristics which render the suhstance 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 />Trustor represents, warrants and agrees than: <br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will he <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 rccugrued to he 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 Euvironmental 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 to the release or threatened release of any Hvardous <br />Substance or the violation of any Li virommental 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. Trustor <br />authorizes Beneficiary to intervene in Truster's name in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the prnecals 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 />Instrument. This assignment of proceeds Is subject to the terms of any prior mortgage, deed of trust, security agreement or <br />other lien docunent. <br />19. INSURANCE. 'Trustor shall keep Property insured against loss by fire, Flood, theft and other hazards and risks reasonably <br />associated with the Property due in its type and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence can change during the tern of <br />the loan. 1'he insurance carrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which <br />shall not be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the mmrs 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, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation or temtination of the <br />insurance. 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, 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 />p�Gy� <br />uFC. c� T I8.4 r n ... Ty'.— In" St u-O MN 1— eEmLNE 1/90/X003 Mai/ <br />