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<br />200710396 <br /> <br />9. DEFAULT. 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 <br />the Secured Debt 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 <br />to make a payment when due. <br /> <br />Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the <br />Property or Beneficiary's rights in the Property. This includes, but is not limited to, the following: <br />(a) Trustor fails to maintain required insurance on the Property; (b) Trustor transfers the Property; <br />(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 <br />Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is <br />senior to the lien of this Security Instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any <br />Trustor dies and Beneficiary's security is adversely affected; (g) the Property is taken through eminent <br />domain; (h) a judgment is filed against Trustor and subjects Trustor and the Property to action that <br />adversely affects Beneficiary's interest; or (i) a prior lienholder forecloses on the Property and as a <br />result, Beneficiary's interest is adversely affected. <br /> <br />Executive Officers. Any Borrower is an executive officer of Beneficiary or an affiliate and such <br />Borrower becomes indebted to Beneficiary or another lender in an aggregate amount greater than the <br />amount permitted under federal laws and regulations. <br /> <br />10. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this <br />Security Instrument, Beneficiary may accelerate the Secured Debt and foreclose this Security <br />Instrument in a manner provided by law if Trustor is in default. In some instances, federal and state <br />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 <br />default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section <br />I above. <br /> <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and <br />principal shall become immediately due and payable, after giving notice if required by law, upon the <br />occurrence of a default or anytime thereafter. <br /> <br />If there is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Property as <br />whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title <br />free and clear of all right, title and interest of Trustor at such time and place as Trustee designates. <br />Trustee shall give notice of sale including the time, terms and place of sale and a description of the <br />property to be sold as required by the applicable law in effect at the time 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 <br />deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, <br />charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, <br />assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured <br />Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in <br />any deed of conveyance shall be prima facie evidence of the facts set forth therein. <br /> <br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after <br />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 <br />on Trustor's default, Beneficiary does not waive Beneficiary's right to later consider the event a <br />default if it happens again. <br /> <br />(page 5 of 9) <br /> <br />@1994 Wolters Kluwer Financial Services. Bankers SystemS''' Form USAAHEDT-NE B/' 5/2007 <br />