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,~~ .. ~,, ~ 20.1002482 <br />Financial Reports and Additional Documents. Trustor will provide to Beneficiary upon request, any financial statement <br />or information Beneficiary may deem reasonably necessary. Trustor agrees to sign, deliver, and file any additional <br />documents or certifications that Beneficiary may consider necessary to perfect, continue, and preserve Trustoe's obligations <br />under this Security Instrument and Beneficiary's lien status on the Property. <br />6. WARRANTY OF TTTLE. Trustor warrants that Trustor is or will be Lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is unencumbered, except for encumbrances of record. <br />7. DUE ON SALE. Beneficiary may, at its option, declare the entire balance of the Secured Debt to be immediately due and <br />payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right <br />is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. <br />8. DEFAULT. Trustor will be in default if any of the following occur: <br />Fraud. Any Consumer Borrower engages in fraud or material misrepresentation in connection with the Secured Debt that <br />is an open end home equity plan. <br />Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment <br />when due. <br />Property. Anq action ar inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's <br />rights in the Property. This includes, but is not limited to, the following: (a) Trustor fails to maintain required insurance <br />on the Property; (b) Trustor transfers the Property; (c) Trustor commas waste or otherwise destructively uses or fails to <br />maintain the Property such that the action ar inaction adversely affects Beneficiary's security; (d) Trustor fails to pay taxes <br />on the Property or otherwise fails to act and thereby causes a hen to be filed against the Property that is senior to the lien <br />of this Security Instrument; (e) a sole Trustor dies; (f) if more than one Trustor, any Trustor dies and Beneficiary's <br />security is adversely affected; (g) the Property is taken throegh eminent domain; (h) a judgment is filed against Trustor and <br />subjects Trustor and the Propertyy [o action that adversely affects Beneficiary's interest; or (t) a prior lienholder forecloses <br />on the Property and as a result, Beneficiary's interest is adversely affected. <br />Executive Oi'ilcers. Any Borrower is an executive officer of Beneficiary ar an affiliate and such Borrower becomes <br />indebted to Beneficiary or another lender in an aggregate amount greater than the amount permitted under federal laws and <br />regulations . <br />9. REMEDIES ON DEFAULT. In addition to an other remedy available under the terms of this Security Instrument, <br />Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Trustor <br />is in default. In same instances, federal and state law will require Beneficiary to provide Trustor with notice of the right to <br />cure, or other notices and may establish time schedules for foreclosure actions. Each Trustor requests a copy of any notice <br />of default and any notice of sale thereunder be mailed to each Trustor at the address provided in Section 1 above. <br />At the option of the Beneficiary, all or any part of the agreed fees and charges, accrued interest and princi al shall became <br />immediately due and payable, after giving notice if required by law, upon the occurrence of a default ar anytime <br />thereafter. <br />if there is a default, Trustee shall, at the request of the Beneficiary, advertise and sell the Property as a whole or in <br />separate parcels at public auction to the highest bidder far cash and convey absolute title free and clear of all ri ht, title <br />and tnter~xt_4f_T11l~stot at~uclLiill~.~nd In ace _as_S.tustee-.rlesignates_ .Truste r• <br />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 <br />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 casts, shall pay to <br />Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest <br />thereon, and the princippal and interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may <br />purchase the Property. "1'he recitals in any deed of conveyance shall be prima facie evidence of the facts set Earth therein. <br />The acceptance by Beneficiary of any sum in pa ent or partial payment on the Secured Debt after the balance is due or is <br />accelerated or after foreclosure proceedings are iled shall not constitute a waiver of Beneficiary's right to require complete <br />cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary does pot waive Beneficiary's <br />right to later consider the event a default if it happens again, <br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br />any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such <br />covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred far <br />inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are payable <br />an demand and will bear interest from the date of payment until paid in full at the highest rate of interest in effect as <br />provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by Beneficiary in <br />collecting, enforcing ar protecting Beneficiary's rights and remedies under this Security Instrument. This amount may <br />include, but is not limite to, Trustee's fees, caurt costs, and other legal expenses. To the extent permitted by the United <br />States Bankruptcy Cade, Trustor agrees to pay the reasonable attorneys fees Beneficiary incurs to collect the Secured Debt <br />as awarded by any court exercising ~urisdicaon under the Bankruptcy Code. This Security Instrument shall remain in effect <br />until released. Trustor agrees to pay for any recordation costs of such release. <br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law <br />means, without limitation, the Comprehensive Environittental Response, Compensation and Liabillity Act (CERCI.A, 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 term includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Environmental Law, <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 quatuities of Hazardous <br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Propperty. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are, <br />and shall remain in full compliance with any applicable Environmental Law. <br />C. Trustor shall immediately notify BeneficiarX tf 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 wi[h any Environmental Law. <br />(page <br />~~ Q 1994 Bankers Syst®ms, Inc., St. Cloud, MN Farm OCP•REI~7•NE 5!10!2005 <br />