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K <br />�. ,. <br />20100864'7 <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 terms of this Security Instrument or any othet document executed for the <br />purpose of creating, securing or guarantying the Secured llebt. A good faith belief hy Beneficiary that Beneficiary at any <br />time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or <br />the value of the Property is impaired shall alsp constitute an event of default. <br />15. REMEDIES ON DEFAULT. Tn some instanc:es, federal and state law will r�yuire Beneficiary to provide Trustot with <br />notice of the right to cure or other notices and may establish tittte schedules for foreclosure actinns. Subject to these <br />limitations, if any, Beneficiary may accelerate the 5ecured Debt and foreclose this 5ecurity Instrutnent in a manner <br />provided by law if Trustor is in default. <br />At the option of Beneficiary, all or any part of thc: agreed fees and charges, ace;rued interest and principal shall become <br />unmediately du� and payable, after giving notice if required by law, upon the occurrcnce of a default or anytime <br />thereafter. In addition, $eneficiary shall be entitled to all the remedies provided by law, the terms of the 5ecured Debt, <br />this Security Instrument and any related docutnents, including without limitation, the �wer to sell the Property. <br />If there is a default, 'I'rustee shall, in addition t�� any other permitted remedy, at the reyu�st of the Beneficiary, advertise <br />and sell the Property as a whole or in separate parcels at public auction to the highest bidd�r for cash and convey absolute <br />title free and clear of all right, title and intere�t of Trustor at such time and place as Trustee d�:signates. Trustee shall give <br />notice of sale including the tim�, terms and place of sale and a description of the property to be sold as required by the <br />applicable law in effect at the titne of the proposed sale. <br />Upon sale of the Property and to the extent not prohibited by law, T;rustee shall make and deliver a deed to the Property <br />sold which conveys absolute title to the purchaser, and after fir5t paying all fces, charges and costs, shall pay to <br />Beneficiary all moneys advanced far repairs, taxes, insurance, liens, assesamenta and ptior 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 pf thc facts set forth therein. <br />All rernedies are distinet, cumulative and not exclusive, and the Beneficiary xs entitled to all remedies provided at law or <br />equity, whether or not expressly set forth. The acceptance by Bencficiary 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 canstitute a <br />waiver of Beneficiary's right to require complete cure of any exisCing dcfault. By not exercising any remedy on Trustor's <br />default, Beneficiary does not waive $eneficiary's right to later consider th� 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, Trustox agrees to pay all of Beneficiary's expenses if Trust�>r bteaches any covenant in this Security <br />Instrument. Trustoar will also pay on demand any amount incurred by B�;neficiary for insuring, inspecting, preserving or <br />otherwise protecting the Prnperty and $eneficiary's security interest. These expenses will bear interest from the date of the <br />payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Ttustor a�rees <br />to pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting F3eneficiaty's rights and <br />remedies under this Security Instrument. This amoimt znay include, but is not limited to, attorneys' fees, court costs, and <br />other legal expenses. This Security Instrument shall r�main in effect until released. Trustor agrees to pay for any <br />recordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this s�ction, (1) Environmental Law <br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liabiliry Act (CBRCLA, 42 <br />U.S.C. 9601 et seq.), and all �er federa}, state anci local laws, regulations, ordinances, court orders�--attcxt�ey general <br />opuuons or interpretive letters concerning the public health, safety, welfare, environtnent 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 [h� public health, safety, welfare or <br />environment. The tetm includes, without limitation, any substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under any Envirnnmental Law. <br />Trustor represents, warrants and agrees that: <br />A. Exc�pt as previously disclosed and acknowledged in writing to Bencficiary, 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, are, <br />and shall remain in full compliance with any applicable Environmental Law. <br />C. Trustor shall irnrnediately notify $eneficiary if a release or threatened release of a F-Iazardous Substance occurs on, <br />under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an <br />event, Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br />D. Trustor shall unmediately notify Beneficiary in wziting as sc�nn as Trustor has reason to believe there is any pending <br />or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous <br />Substance or the violation of any Environmental Law. <br />1$. CONDEMNATION. Trustor will give $eneficiary prompt notice of any pending or threatened action, by private or public <br />entities to purchase or take any ar all of the Property through condemnation, eminent domain, or any other means. 'I'rustor <br />authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. 'I'rustor assigns to <br />Beneficiary the proceeds of any award ot claim fot damages connected with a condemnation or other taking of all or any <br />part of the Property. Such proceeds shall bc: considered payments and will tx� applied as provided in this Securit __ ___ <br />-- � --- ��nstrum�nt� , o e s s su �ec o e errns o any prior mortgage, ee o trust, security agreement or <br />other lien document. <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, tlood, theft and other hazards and risks reasonably <br />associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the <br />periods that Beneficiary requires. What Lender requires pursuant to the preceding sentence can change during the term of <br />the loan. The insurance carrier providing the insurance shall be chosen by Trustor suhject to �3eneficiary's approval, which <br />shall not be unreasonably withheld. If Trustor fails to maintain the coverage d�scribed� atx�ve, F3eneficiary may, at <br />$eneficiary's option, obtain coverage to protect $eneficiary's rights in the Property according to the terms of this Security <br />Instrument. <br />All insurance policies and renewals shall be acceptabl� to Beneficiary and shall include a standard "mortgage clause" and, <br />whete applicable, "loss payee clause." Ttustor shall immediately notify Beneficiary of cancellation or termination of the <br />insurance. $eneficiary shall have the right to hold the policies and renEwals. if Beneficiary requires, Trustor shall <br />immediately give to $eneficiary all receipts of paid premiums and renewal notices. Upon loss, Tn�stor shall give <br />unmediate notice to the insurance carrier and Beneficiary. $eneficiary rnay rnake proof of loss if not made immediately by <br />Trustor. <br />(page 3 of 4/ <br />�jE/`� b 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE 1l30/2002 <br />, �RVO��..' �� <br />►".;�9J77M�7�N�.."77'*.7� �I�'� <br />���a,�. .��.RKIOa� 1sR <br />rr.Li.�rrr.., , .. ......� <br />