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200601406 Financial Re~rts a'.1d Addit~o~al Documents. Trustor will provide to Beneficiary upon request, any financial stat~f!1ent or mformatIOn Ben~flcl~ry may deem re~onably necess.ary. Trustor agrees to sign, deliver, and file any additional documents or certifications that Beneficiary may consider necessary to perfect, continue and preserve Trustor's obligations under this Security Instrument and Beneficiary's lien status on the Property. ' 6. W ~Y OF TITLE. Tru~tor w<l!rants that Trustor is or will be lawfully seized of the estate conveyed by this Secunty Instrument and has the nght to urevoc~bly grant, convey, and sell the Property to Trustee, in trust, with power of sale. Trustor also warrants that the Property IS unencumbered, except for encumbrances of record. 7. DUE ON SALE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 8. DEFAULT. Trustor will be in default if any of the following occur: Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that is an open end home equity plan. Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due. Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's ~ights in the Property. This includes, but is not limited to, the following: (a) Trustor fails to maintain required msurance on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails to maintain the Property such that the action or maction adversely affects Beneficiary's security; (d) Trustor fails to pay taxes 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 of this Security Instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any Trustor dies and Beneficiary's security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Trustor and subjects Trustor and the Property to action that adversely affects Beneficiary's interest; or (i) a prior lienholder forecloses on the Property and as a result, Beneficiary's interest is adversely affected. Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such Borrower becomes indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. 9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Trustor is in default. In some instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to cure, or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy of any notice of default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section I above. At the option of the Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become Immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. 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 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 such time and place as Trustee designates. Trustee shall give notice of sale including the time, 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 the proposed sale. 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 conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Benefici~'s right to require complete cure of any existing default. By not exercising any remedy on Trustor's default, BenefiCiary does not waive Beneficiary's right to later consider the event a default if it happens again. 10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are payable on d~mand and will bear interest from the date of payment until paid in full at the highest rate of mterest in effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses mcurred by Beneficiary in collectmg, enforcing orlrotecting Beneficiary's rights and remedies under this Security Instrument. This ~mount may include but is not limite to, Trustee's fees, court costs, and other legal expenses. To the extent pernutted by the United'States Bankruptcy Code, Trustor agrees to l?ay the reasonable attorneys' fees Beneficiary incurs to collect the Secured Debt as awarded by any court exercising junsdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release. 11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 V.S.c'. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous. substan<?e; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutap.t or contammant whICh has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents, warrants and agrees that: . .' . . A. Except as previously disclosed and acknowledged in wntm~ t? BenefiCiary, no Hazardous Subs~~ce IS or Will be located, stored or released on or in the Property. Thi~ restnctIOn does not apply to ~mall quantities of H. azardous Substances that are generally recognized to be appropnate for the normal use and mamtenance of the Property. B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Trustor shall immediately notify Beneficiary if a release or threatened'release of a Haz~rdous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concermng the Property. In such an event, Trustor shall take all necessary remedial action in accoroance Wi~ any Environmental ; ~,gJ., 41 _ 01994 Bankers Systems. Inc., SI. Cloud, MN Form OCP-REDT-NE 1 113/99 ~ .-C465(NEI 199021.02 (!)