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<br />200600167
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<br />14. DEFAULT. Tmstor will be in default if any party obligated on the Secured Debt fails to make payment when due. Tmstor
<br />will be in default if a breach occurs under the terms of this Security Instmment 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 obligated 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.
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<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 may accelerate the Secured Debt and foreclose this Security Instmment in a manner provided
<br />by law if Trustor is in default.
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<br />At the option of Beneficiary, all or any part of the agreed fees and charges, accmed 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 />In addition, Beneficiary sball be entitled to all the remedies provided by law, tbe terms of the Secured Debt, tbis Security
<br />Instrument and any related documents, including without limitation, the power to sell the Property.
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<br />If there is a default, Tmstee 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 free and clear of all right, title and interest of Trustor at such time and place as Tmstee designates. Tmstee shall give
<br />notice of sale including the time, terms and 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 proposed sale.
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<br />Upon sale of the property and to the extent not prohibited by law, Tmstee 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 Beneficiary
<br />all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the
<br />principal and interest on the Secured Debt, payin~ the surplus, if any, to Trustor. Beneficiary may purchase the Property.
<br />The recitals in any deed of conveyance shall be pnma facie evidence of the facts set forth therein.
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<br />All remedies arc distinct, cumulative and not exclusive, and tbe Beneficiary is entitled to all remedies provided at 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 waiver
<br />of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's default,
<br />Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again.
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<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
<br />prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Security
<br />Instnunent. Trustor will also pay on demand any amount lIlcurred by Beneficiary for insurin~, inspecting, preserving or
<br />otherwise protecting the Property and Beneficiary's security interest. These expenses wiII bear mterest from the date of the
<br />payment until paid in full at the highest interest rate in effect as provided in the terms 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 Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and
<br />other legal expenses. This Security Instmment shall remain in effect until released. Trustor agrees to pay for any
<br />recordation costs of such release.
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<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 />D.S.C. 9601 et 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 a hazardous substance; and (2)
<br />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 Environmental Law.
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<br />Tmstor 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 Hazardous
<br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Tmstor and every tenant have been,
<br />arc, and shall remain in full compliance with any applicable Environmental Law.
<br />C. Tmstor 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, Tmstor shall take all necessary remedial action in accordance with any Environmental Law.
<br />D. Tmstor shall immediately notify Beneficiary in writing as soon as Tmstor has reason to believe there is any pending
<br />or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous
<br />Substance or the violation of any Environmental Law.
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<br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or puhlic
<br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or a~y other means. "rmstor
<br />authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to
<br />Beneficiary the proceeds of any award or claim for damages connected with ~ condel1m~tion or othe! taki!lg o~ all or a~y
<br />part of the Property. Such proceeds shall be considered payments and will be applied as provided !n thiS Secunty
<br />Instmment. This assignment of proceeds is subject to the terms of any prior mortgage, deed of tmst, secunty agreement or
<br />other lien document.
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<br />19. INSURANCE. Tmstor shall keep Property insured against loss by fire, Hood, theft and other hazards and risks reasonably
<br />associated with the Property due to its type and location. This insurance shall be maintained in the amounts. and for the
<br />periods that Beneficiary requires. What Beneficiary requires pursuant to the preceding sente1"!-ce can chang.e .dunng the term
<br />of the loan. The insurance carrier providing the insurance shall be chosen by Trustor subject to BenefICiary.' s approval,
<br />which 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 terms of this Security
<br />Instmment.
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<br />All insl.lrance policies. a. nd renewals shall. .be. acceptabl~ to B~neficiary. and shall. i~c1ude a standar~l "mortgag~ c1~use" ~nd,
<br />where applicable, "loss payee clause." Trustor shall llnmedlately nOlify Beneficiary of cancel.latlon or .tenmnatlOn of the
<br />insurance. Beneficiary shall have the right to hold the poliCIes and renewals. If Beneficiary reqUIres, .Tn!stor s~lal1
<br />immediately give t.o Beneficiary all rece!pts of paic.l premiums and renewal notices. ~pon loss, Trustor. shall give llnmechate
<br />notice to the 111surance carrier and Beneficiary. Beneficiary may make proof of loss I f not made llnmedtatel y by Trustor.
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<br />Ex{Je~ 0 1994 Bankors Syste",s, Inc., St. Cloud, MN Form RE-DT-NE 1130/~007
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<br />.. -C165(NE) 10301)
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