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<br />"( <br /> <br />_..~'=='=.====""-==='=====o"\ <br /> <br />I <br />I <br />I <br /> <br />200708082 <br /> <br />I <br />I <br />! <br />I <br />i <br />I <br /> <br /> <br /> <br />l----======,,====e-_-====-'''_7"CC~""==:=:=:,,:=_"~::_..___" ..___-_=;;:;--;:-::.=::.-:~__.: ,. <br /> <br />14. DEFAULT. Trustor will be in default if any party obligilted on the Secured Debt fails to make payment when due. Trllstor <br />will be in default if a breach OCCIlrS under the lenllS of this Security Instrument or any other document executed for the <br />purpose of creating, securing or guarantying the Securell Debt. A gnod faith belief by Beneficiary that Beneficiary at any <br />titlle is insecure with respect to any person or entity obligated on the Secllred Debt or that the prospect of ilny paYlllent or <br />the value of the Property is impaired shall also constitute an evcnt of default. <br />15. REMEDIES ON DEFAULT. In some instanccs, federal allll state law will require Bcneficiary to provide TlllStor wilh <br />notice of the right to cure or other notices and Illay establish time schedules for foredosme actions. Subject to these <br />limitations, if any, Beneficiary may accelerate the Secmed Debt and foreclose this Security Instrument in a manner <br />provided by law if Trustor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees ilnd charges, accrued interest and principill shall become <br />immediately due and payable, after giving notice if required hy l:lw, upon the occurrence of a default or anytimc <br />thereafter. In addition, Beneficiary shall be entitled to all lhe remedies provided by law, the tenllS of the Secnred Deht, <br />this Security Instrument illHl any related documents, including without limitation, the power to sell the Property_ <br />If there is a default. Trustee shall, in addition to any ol\wr pennilled remedy, at the request of the Beneficiary, advertise <br />alld scll the Property as a whole or in separate parcels at public auction 10 the highest hidder for cash and convey absolute <br />title free ami c1eilr of all right, title -1tndUlteresu~f Tl'-YstOl' at -stich lime and -place as Tmsffie designates, Trustee 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 til\\! ill effect at tlleTlnieiTflhe proposed SilJe. . - - -- <br />Upon sale of the Property and 10 lhe extent not prohibited by law, Trustee 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 <br />Beneficiary all moneys advanced for repairs, laxes, insurance, liens, assessments and prior encllmbrances and interest <br />thereon, and the principill and interest on the Secured Debt, paying the surplus, if allY, to Trustor. Beneficiary may <br />pmchase lhe Properly. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or <br />equity, whether or nol expressly set forth. The acccptance by Beneficiary of any sunl ill payment or partial pilyment Oil the <br />Secured Debt after the balance is due or is acce\emled or after forecloSll1'e proceedings are filed shall not constitule a <br />waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's <br />default, Beneficiary does not waive Beneficiary's righlto laler consider thc cvent a default if il continues or happens again <br />16. EXPENSES; ADVANCES ON COVENANTS; A'l'TOnNEVS' FEES; COLLECTION COSTS. Except wheu <br />prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor hre:lches any covcnilnt in this Security <br />Inslnllllent. Trustor wilt :llso pay ou dell1:lnd any alllount incuITed by Beneficiary for inslll'ing, inspccting, preserving or <br />otherwise protecting the Properly and Bencficiary's secnrity inlerest. These expenses will bear interest from the date of the <br />payment until Ilaid in full at the highest interest rate in effect as provided in the terms of the Secured Deht. Trustor agrees <br />to pay all costs and expenses incllrred by Bcneficiary in collecting, enforcing or protecting Beneficiary's rights aud <br />remedies under this Security Instrument. This alllllllllt may include, hut is not limited to. allorneys' fees, comt costs, and <br />olher legal expenses. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any <br />recordation costs of such release. <br />I 17. ENVIRONMENTAL LAWS AND IIAZARBOlJS SUBSTANCES. As used in this section, (1) Envinmmelltal Law <br />r---- IllmffiS, without limitation, the-COllljJldlt:lIsive Envinmmentat-fuspunse, (;ompensatmn and Liability Art-tEERC1:;ft-;--:tZ- <br />U.S.c. 9601 et seq.), and all other federal, state and local laws, regulillions, ordinances, court orders, attorney general <br />opinions or interpretive \ellers cUllcerning the public health. safety, welfare, ellvirunment ())' a hal-anlous subst:lllce; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollulant or contaminant which has <br />characteristics which render the substance dangerous or potentially dangcrous to the public health, safely, wel fare or <br />environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Envinlnnwntal I _aw. <br />Trustor represents, warrants and agrees that: <br />A, Except as previollsly disclosed and acknowledged in writing to Beneficiary, no Hazardous Suhstance is or will he <br />localed, stored or released on or in the Properly. This restriction does not apply to small qUilnlities of Jhzanlous <br />Substances that are generally recognized to be ilpprnprialc for the normal use and maintenance of the Pmperty. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every ten<lnt have heen. are. <br />and shall renmin in full compliance with any applicable Environmental Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened rclease of a Hazardous Substance occurs 011, <br />undcr LH ahout Ihe Properly or there is a violation of any Environmental Law concerning the Property. In such an <br />event, 'frnslor shall take all necessary remedial action in aceonJance with any Envirolllnental Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any pending <br />or threatened investigation, claim, or proceeding relating 10 the release or t1ue;llened release of any Ila7.ardous <br />Substance or the violation of any Environmental I ,aw_ <br />18. CONDEMNATI()N, Trustor will give Beneficiary prompt uotice of any pcnding or threatened action. by private or public <br />entities to purchase or take any or all of the Property through coudemnation, eminent domain, or any other means. Trustor <br />authorizes Beneficiary to intervene in Trustor's H<une in any of the above described actious or claims _ Trustor assigns to <br />Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any <br />part of the Property, Such proceeds shall be considered payments and will be applied as provided in this Security <br />~nstrull-lent.--Thisasshmnlgnt qf.proceeds is subject to the terms of any prior mortgage, deed of trust, security agreemcnt or <br />other lien doeumenl. - - _ ___ <br />19. INSURANCE. Trustor shall keep Properly insured against loss by fire, Hood, theft and other hazards and risks reasonahly <br />associated with the Property due to its type and location_ This insurance shall be Inaintained in the amounts and for the <br />periods that Beneficiary requires. What Lendcr requires pursuant to Ihe prcceding sentence can change during the term of <br />the loan, The insurance carrier providing the insllrance shall be chosen by Trustor subject to Beneficiary's approval, which <br />shall not be unreasonably withheld. If Trustor fails to mailllain the coverage described above, Beneficiary llIi1Y, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Properly aceonling to the tenns of this Security <br />Ins trument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" and, <br />where applicable, "loss payee clause," 'frustor shall iunuedia(e1y tlOlify Benefiei:lry of e:lneellatioll or terminal ion of the <br />insurance. Beneficiary shall have the right to hold (he policies and rencwals If Beneficiary requires, Trnstor shall <br />immediately give to Beneficiary all receipts of paid premiums and renewal notices. {Jpou joss, T'rus(or shall give <br />immediate notice to the insurance carrier and Benefici3ry _ Beneficiary IIl:lY make proof of loss if not nwde immediately by <br /> <br />Trustor. ....~'~.,;:::';';"::rt;-..'~.,. It (paqe <br />.. 'hi"":~ ...",:,. ~7":' ,;,' .' . '-~~~ <br />Ex15erFJ.,M \01994 A."ke" SY51em5, Inc_, SI. CoIDlld, MN FIIIIIII1E-IH-NE 113012062'" ,,' .,,~ :A~;'!""'...;,.;W""" 1 '.,"", , . .. .. . ~_ <br />~ 'k' U~# '~,t,~ ~',"1' ' " <br /> <br />I <br />T <br /> <br />ii <br />ii <br />il <br />,I <br />'I <br />11 <br />ii <br />!I <br />I <br /> <br />II <br />-~- <br />:1 <br />:1 <br /> <br />;1 <br />