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<br />200900220
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<br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. Trustor
<br />will be in default if a breach occurs under the tenus of this Security Instrument or any other document executed for the
<br />~urp~se. of creatin~, securing or guarantying the ~ecur~ Debt. A good faith belief by Beneficiary that Beneficiary at any
<br />tIme IS msecure WIth respect to any person or entIty obhgated 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 />~ot~ce .of th~ right to cur~ or other notices and may establish time schedule~ for fo.reclosure acti~ns. Subject to t~ese
<br />hffiltatlons, If any, BeneficIary may accelerate the Secured Debt and foreclose thIS SecurIty Instrument m 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, accrued 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 shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this 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, Trustee 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 mterest of Trustor at such time and place as Trustee designates. Trustee shall give
<br />notice of sale including the time, tenus 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, 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 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 are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies I;lrovided 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 Bene.ficiary's right to. require cO!TIplete .cure of any exis!ing default. By not ex~rc!sing ~y remedy on Trust?r's default,
<br />BenefiCIary does not waIve BenefiCIary's nght to later conSIder the event a default If It contmues or happens agam.
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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 />Instrument. Trustor will also pay on demand any amount mcurred by Beneficiary for insurin~, inspecting, preserving or
<br />otherwise protectin~ the Property and Beneficiary's security interest. These expenses will bear mterest from the date of the
<br />payment until paid m full at the highest interest rate in effect as provided in the tenus 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 le,gal expenses. This Security Instrument 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 .l,~ WS. AND HAZARDOUS SUBST i\NCES.- As----used-in this s\;;\.-liuu;ttt-. Environmental Law
<br />---- . means, wlthouflimitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42
<br />U.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 tenu 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 />Trustor 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, Trustor and every tenant have been,
<br />are, and shall remain in full compliance with any applicable Environmental Law.
<br />C. Trustor 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, Trustor shall take all necessary remedial action in accordance with any Environmental 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 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 public
<br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Trustor
<br />authorizes Beneficiary to intervene in Trusto( s name in any of the abovt:: described actio.ns or claims. Trustor assigns to
<br />Beneficiary the proceeds of any award or clatm for damages connected WIth a condemnatIon or other taking of all or any
<br />part of the Property. Such p~ shall be considered payments and will be applied as provided in this Security
<br />Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or
<br />other lien document.
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<br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, 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 sentence can change dunng the term
<br />of the Secured Debt. The insurance carrier prOVIding the insurance shall be chosen by Trustor subject to Beneficiary's
<br />approval, which shall not be unreasonably WIthheld. If Trustor fails to maintain the coverage described above, Beneficia~y
<br />may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terms of thIS
<br />Security Instrument.
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<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." Trustor shall immediat~ly notify Beneficiary of canceVation or .termination of the
<br />insurance. Beneficiary shall have the right to hold the pohcIes and rene~als. ,If BenefiCIary reqUIres, .T~stor s~all
<br />immediately ~ive to Beneficiary all receipts of paid pre!TIiums and renewal notIces. ~pon loss, Trustor: shall gIve ImmedIate
<br />notice to the msurance carrier and Beneficiary, BenefiCIary may make proof of loss If not made ImmedIately by Trustor.
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<br />(page 3 of 4)
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<br /><D 1994 Wolters Kluwer Financial Serlllces - Bankers Svstems™ Form RE.DT.NE 1211512006
<br />VMP@-C165INEII07081
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