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<br />200511434 <br /> <br />7. DUE ON SALE. Beneficiary may. at its option. declare the entire balance of the Secured Debt to be immediately due <br />and 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 /> <br />8. DEF AUL T . Trustor will be in default if any of the following occur: <br /> <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 /> <br />Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a <br />payment when due. <br /> <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 <br />insurance on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses <br />or fails to maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustor <br />fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that <br />is senior to the lien of this Security Instrument; (e) a sole Trustor dies; (I) if more than one Trustor. any Trustor dies <br />and Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (b) a judgment is <br />filed against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's interest; or (i) <br />a prior lienholder forecloses on the Property and as a result. Beneficiary's interest is adversely affected. <br /> <br />Executive Officer. Any Borrower is an executive officer of Beneficiary or an aftUiate and such Borrower becomes <br />indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws <br />and regulations. <br /> <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 <br />Trustor is in default. In some instances. federal and state law will require Beneficiary to provide Trustor with notice <br />of the right to cure. or other notices and may establish time schedules for foreclosure actions. Each Trustor requests <br />a copy of any notice of default and any notice of sale thereunder be mailed to each Trustor at the address provided in <br />Section 1 above. <br /> <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 /> <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. Trustee shall give notice of sale including time. <br />terms and place of sale and a description of the Property to be sold a required by the applicable law in effect at the time <br />of the proposed sale. <br /> <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 titie 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 princlpal 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 fade evidence of the facts set forth <br />therein. <br /> <br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due <br />or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require <br />complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does not waive <br />Beneficiary's tight to later consider the event a default if it happens agaln. <br /> <br />{. <br />HOME EQUITY LINE SECURITY AGREEMENT DATED: SEPTEMBER 7, 2005 )V <br />NBBRAIKA - MEllS . HOMB EQUITY LINB 01' CIlllDlT DBIlD 01' TkUST (NOT 1'01l1'NMA, I'HLMC, FHA Oil VA USE) HllLOC-M-'Hll <br />H1'420482.AOI.7/03 36079,13765 r.4 of 6 <br />