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r y <br />..T ~.~L• <br /> <br />14. DEFAULT. Trustor will be in default if any party obligated an the Secured Debt fails to make payment when due. <br />Trustor will be in default if a breach occurs under the terms of this Security Instrument or any other document <br />executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary <br />that Beneficiary at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the <br />prospect of any payment or the value of the Property is impaired shall also constitute an event of default. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor <br />with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to <br />these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a <br />manner provided by law if Trustor is in default. <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. <br />If there is a default, Trustee shall, in addition to any otlie>I permitted remedy, at the request of the Beneficiary, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash and <br />convey absolute title free and clear of all right, title and interest of Trustor at such time and place as Trustee <br />designates. 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 />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 <br />Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest <br />thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may <br />purchase the Property. 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 oat exclusive, and the 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 <br />waiver of Beneficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustnr's <br />default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it continues or happens again. <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 />Instruriient. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving <br />or otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest Pram the <br />date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. <br />Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's <br />rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, <br />court costs, and ether legal expenses. This Security Instrument shall rernain'in effect until released. Trustor agrees to <br />pay far any recordation casts of such release. <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, <br />42 U.S.C. 9601 et seq.), and all other federal, state and local laws. regulatic~~~~r~nCes, court orders, attar~ey <br />_ --- <br />-- general opinions or interpretive letters concerning the public health, safety, welfare, environment qr a hazardous <br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br />contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public <br />health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous <br />material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. <br />Truster 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 strtall quantities of <br />Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of <br />the Froperty. <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 <br />on, under or about the Property ar there is a violation of any Environmental Law concerning the Property. In <br />such an 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 <br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any Environmental Law. <br />18. CONDEMNATION. Trustor will give Beneficiary protxapt notice of any pending or threatened action, by private nr <br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, er any other <br />means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. <br />Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other <br />taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in <br />this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, <br />security agreement or other lien document. <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks <br />reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts <br />and for the periods that Beneficiary requires. The insurance carrier providing the insurance shall be chosen by Trustor <br />subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails to maintain the coverage <br />described above, Beneficiary rriay, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br />Property according to the terms of this Security lnstrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" <br />and, where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of cancellation ar termination <br />of the insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall <br />immediately give to Beneficiary all receipts of paid premiitrris and renewal ~[~tices: °Clpon loss, Trustor shall give <br />innmediate notice to the insurance carrier and Beneficiary. Beneficiary tray"make proof of loss if not made <br />immediately by Trustor. ~ ,, m. <br />~ 1994 Bankers Systems, loc., St. Cloud, MN (1-900-397-2341) Form RE-DT-NE 70/27/97 f..1 <br />