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200315731 <br />Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's rights in <br />the Property. This includes, but is not limited to, the following: (a) Trustor fails to maintain required insurance on the Property; (b) <br />TrUS[or transfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails to maintain the Property such that <br />the action or inaction adversely affects Beneficiary's security; (d) Trustor fails to pay taxes on the Property or otherwise fails to act <br />and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Trustor dies; <br />(f) if more than one Trustor, any Trustor dies and Beneficiary's security is adversely affected; (g) the Property is taken through <br />eminent domain; (h) a judgment is filed against Trustor and subjects Trustor and the Property to action that adversely affects <br />Beneficiary's interest; or (i) a prior lienholder forecloses on the Property and as a result, Beneficiary's interest is adversely <br />affected. <br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such Borrower becomes indebted to <br />Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. <br />9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Beneficiary <br />may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Trustor is in default. In <br />some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure, or other notices and <br />may establish time schedules for foreclosure actions. Each Trustor requests a copy of any notice of default and any notice of sale <br />thcrcunder be mailed to each Trustor at the address provided in Section 1 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 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 separate parcels <br />at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at <br />such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and place of sale and a <br />description of the property to be sold as required by the 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 sold which <br />conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys <br />advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest <br />on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of <br />conveyance shall be prima facie evidence of the facts set forth therein. <br />The acceptance by Beneficiary of any sum 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 cure of <br />any existing default. By not exercising any remedy on Truster's default, Beneficiary does not waive Beneficiary's right to later <br />consider the event a default if it happens again. <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches any <br />covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such covenants or <br />protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, <br />preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are payable on demand and <br />will bear interest from the date of payment until paid in full at the highest rate of interest in effect as provided in the terms of the <br />Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting <br />Beneficiary's rights and remedies under this Security Instrument. This amount may include, but is not limited to, Trustee's fees, <br />court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Trustor agrees to pay the <br />reasonable attorneys' fees Beneficiary incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the <br />Bankruptcy Code. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of <br />such release. <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, <br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et <br />seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive <br />letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any <br />toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance <br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any <br />substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any <br />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 located, <br />stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are <br />generally recognized to be appropriate for the normal use and maintenance of the Property. 12776 <br />Iixpcic"' tC1994 Bankers Systems, Inc., St. Cloud, MN Form USBOCPDT -NE 9/5/2001 <br />(page 4 of 6) <br />