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1200503020
<br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any Financial statement
<br />or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional
<br />documents or certifications that. Beneficiary may consider necessary to perfect, continue, and preserve Trustor's obligations
<br />under this Security Instrument and Beneficiary's lien status on the Property.
<br />6. WARRANTY OF TITLE. Trustor warrants that Trustor is or will be lawfully seized of the estate conveyed by this
<br />Security instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of
<br />sale. Trustor also warrants that the Property is unencumbered, except. for encumbrances of record.
<br />7. DUE ON SALE. Beneficiarryy may, at its option, declare the entire balance of tlic Secured Debt to be htunediately due and
<br />payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject to the
<br />restrictions imposed by federal law (12 (-,'.F.R. 591), as applicable.
<br />S. DEFAULT. Trustor will be in default if any of the following occur:
<br />Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Deb( that
<br />is an open end home equity plan.
<br />Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to stake a payment.
<br />when due.
<br />Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's
<br />rights in the Property. This includes, but is not limited to, the following: (a) Trustor fails to maintain required insurance
<br />on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses or f -ails to
<br />maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trus(or fails to pay taxes
<br />on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien
<br />of this Security instrument.; (e) a. sole Trustor dies; (f) if more than one Trustor, any 'Trustor dies and Beneficiary's
<br />security is adversely affected; (g) the Property is taken through emiucut. domain; (h) a judgment is filed against 'Trustor and
<br />subjects Trustor and the Property to action that adverse lyy affects beneficiary's interest; or (i) a prior licnholder forecloses
<br />on the Property and as a result, Beneficiary's interest is adversely affected.
<br />Executive Officers. Any Borrower is an executive officer of .Beneficiary or an affiliate and such Borrower becomes
<br />indebted to Beneficiary or another lender in an aggregate amount greater than the amount. perinit.ted under federal laws and
<br />regulations.
<br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument.,
<br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Trustor
<br />is in default. in some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to
<br />cure, or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy of any notice
<br />of default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section I above.
<br />At the option of the 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 />thereafter.
<br />If there is a. default, 'Trustee shall, at the request of the Beneficiary, advertise and sell the Property as a whole or in
<br />separate parcels at. public auction to the highest bidder for cash and convey absolute title free and clear of all right, title
<br />and interest. of Trustor at such time and place as 'Trustee designates. 'i rustec sliaii give notice of safe including the tune,
<br />terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of
<br />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, assessments and prior encumbrances and interest .
<br />thereon, 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 />The acceptance by Beneficiary of any Burn in payment or partial payment. on the Secured Debt after the balance is due or is
<br />accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right. to require complete
<br />cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive Beneficiary's
<br />right to later consider the event a default if it happens again.
<br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION CASTS. If 'Trustor breaches
<br />any covenant in this Security Irrstrunhent, Trustor agrees to pay all expenses Beneficiary incurs ill perforiining such
<br />covenants or protecting its security interest in the Property. Such expeuses include, but are not limited to, fees incurred for
<br />inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest.. 'These expenses are payable
<br />on demand and will bear interest from the date of payment until paid iu full at the highest rate of interest. in effect as
<br />provided in the terms of' the Secured Debt. Trustor agrees to pay all costs and expenses incurred by .Beneficiary in
<br />collecting, enforcin} or rotect.ing Beneficiary's rights and remedies under this Security Instrument- "I his amount may
<br />include, but is not limited to, '1'rusl.ee's fees, court costs, and other legal expenses. 'l'o the extent pennitted by the Unilyd
<br />States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys fees Beneficiary incurs to collect the Secured Debt .
<br />as awarded by any court exercising jurisdiction under the Bankruptcy Code. ']'his Security Instrument shall remain. in effect
<br />until released. Trustor agrees to pay for any recordation costs of such release.
<br />11. ENVIRONMENTAL LAW_ S AND - HAZARDOUS - SUBSTANCES- i -- -A-s used -in thin 'sect1cin;'7l) Environmental Law
<br />- --rrreans,- without - limitation, the Comprehensive Environiitental Response, Compensation and friability Act (CBRCLA, 42
<br />U.S.C:. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />oppinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2)
<br />Ilazardous 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 Erivirontriental 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. This restricZ111 does not apply to stria-11 quantities of Ila.za.rdous
<br />Substances that. are generally recogrtiz,cd to he appropriate for the normal use and maintenance ot. the Property.
<br />B. Except as previously disclosed and acknowledged m writing to Benefriciary, Trustor anal every tenant have been, are,
<br />and shall remain in full compliance with any applicable Pnviro iniental 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 Eavirotunental Law concerning the Property. In such an
<br />event, Trustor shall take all necessary remedial action in accordance with any Environmental Law.
<br />F—?CP�L rg� (') 1994 Rankers Systems, Inc., St. Cloud, MN Form OCR- RELIT -NE 1/31/2003
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