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200504655
<br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial
<br />statement or information Beneficiary may deenn reasonably necessary. Trustor agrees to sign, deliver, and file any
<br />additional documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve
<br />Trustor's obligations under this Security Instrument. arid. 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
<br />of sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record.
<br />7. DUE, ON SAi,E. Beneficiary rnay, at. its option, declare the entire balance of the Secured Debt to be immediately due
<br />anti payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject .
<br />to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
<br />8. 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 Debt
<br />that is an open end home equity plan.
<br />Payments. Any Consumer Borrower on any Secured Debt that is all open end home equity plan fails to make 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 Properly. This includes, but is not limited to, the following: (a) Trustor fails to maintain required
<br />insurance on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses
<br />or fails to inairrtain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustor fails
<br />to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is
<br />senior to the lien of this Security instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any Trustor dies and
<br />Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is tiled
<br />against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's interest; or (i) a prior
<br />lienholder forecloses on the Property and as a result, Beneficiary's interest is adversely affected.
<br />Executive Officers. Any Borrower is art executive officer of Beneficiary or aft affiliate and such Borrower becomes
<br />indebted to Beneficiary or another tender in an aggregate amount greater than the amount permitted under federal laws
<br />and regulations.
<br />9. REMEDIES ON DEFAULT. in addition to any other remedy available under I.Ine terms of this Security Instrunncnt,
<br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if
<br />Trustor is in default. In some instances, federal and state law will require Beneficiary to provide Trustor with notice of
<br />the right to cure, or other notices and may establish time schedules for foreclosure actions. Each 'Trustor requests a copy
<br />of any notice of default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section 1
<br />above.
<br />At the option of the Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall
<br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or
<br />anytime 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 clew- of all right, title
<br />and interest of Trustor at such time and place as 'Trustee designates. "Trustee shall give notice of sale including the time,
<br />terms and place of sale and a description of the property to be sold as required by the applicable law nn effect at the time
<br />of the proposed sale.
<br />Upon sale of the property and to the extent not prohibited by law, Trustee shall make anti deliver it deed to the Property
<br />sold which conveys absolute t..i.t.le 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 anti 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 prinia facie evidence of the facts set forth
<br />therein.
<br />The acceptance by Beneficiary of any sure in payment. or partial payment oil the Secured Debt after the balance is clue or
<br />is accelerated or after foreclosure proceedings are filed shall not constitute it waiver of Beneficiary's right to require
<br />complete cure of any existing default. By not exercising any rernedy o►a Trustor's default, Beneficiary does not waive
<br />Beneficiary's right to later consider t.tre event a default if it happens again.
<br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COST'S. if Trustor breaches
<br />any covenant in this Security instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such
<br />covenants or protecting its security interest in the Property. Such expenses include, but are not limited lo, fees incurred
<br />for inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. 'These expenses are
<br />payable on demand and will bear interest from the elate of payment until paid in full at the hi�hcst rate of interest in
<br />effect as provided in the terrrrs of the Secured Debt. 'Trustor agrees to pay all costs and expenses incurred by Beneficiary
<br />in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security instrument. This amount may
<br />include, but is not limited to, 'Trustee's fees, court costs, <u d other legal expenses. To the extent permitted by the
<br />United. States Bankruptcy Code, 'Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect. the
<br />Secured Debt as awarded by any court exercising jurisdiction under (tie Bankruptcy Code. This Security instrument shall
<br />remain in effect until released. Trustor agrees to !nay for any recordation costs of such release.
<br />11. 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 />U.S.C. 9601 el 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 it hazardous substance; and
<br />(2) 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 Envirorunental 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 restriction does not apply to small quantities of Itazardous
<br />Substances that. are generally recognized to tie 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,
<br />are, 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 />L5< rjF (PagTfpr
<br />M 01994 Bankers Systems, Inr.., St. Cloud, MN Firm UCP- peur -NE 1!30/2002
<br />9M-C465(NE) (0301)
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