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� �:. s �� f r e a . <br />� i .. , . a . ,� . . <br />��11�1�.�71 <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 Securiry Instrument or any other document executed for the <br />� purpose of creating, securing or guarantying the Secured Debt. A good faith belief by 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 sh�ll also constitute an event of default. <br />15. REMEDIES ON DEFAULT. I❑ some instances, federal and state law will require Beneficiary to provide Trustor with <br />notice of the right to cure or other notices and' niay establish time schedules for foreclosure actions. Subject to these <br />limitations, if auy, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a manner <br />provided by law if Trustor is in default. � <br />At the optiou of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br />nnmediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime <br />thereafter. I❑ addition, Beneficiary shxll be entitled to all the remedies provided by law, the terms of the Secured Debt, <br />this Securiry 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 other permitted remedy, at the request of the Beneficiary, advertise <br />aad set4 the Property �s x w�ofe or in separatQ parcels at publie auction to the highest• bi�der foc cash and con�e5� absolute <br />title free aud clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give <br />notice of sale induding the tune, 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 time of the proposed sale. <br />Upon sale of the PropeRy and to the extent not prohibited by law, Trustee shall make and deliver a deed to the Property <br />sold which conveys xbsolute 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 xnd interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may <br />purchase the PropeRy. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. <br />All remedies �re distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or <br />equity, wt�ether 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 oC is accelerated or after fareelosure pcoceedings axe filed shall not eonstitute a <br />waiver of Beueficiary's right to require complete cure of any existing default. By not exercising any remedy on Trustor's <br />default, Beneficiary does not waive Beneficiary's right to later consider the event a default if it conCinues 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 />Instrument. Trustor will also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or <br />otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interesC from the date of the <br />payment until pxid in full at the highesi interest rate in effect as provided in the terms of the Secured Debt. Trustar 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 legal expenses. This Security Instrument shall remain 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 section, (1) Enviroumental Law <br />n�exns, witl�nu� limitation, the Comprehensive .EnvirQnmental Response, Compensatian a�d _Liability Act (GERCLA, 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, safery, welfare, environment or a haza�dous substance; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has <br />charxeteriscics wl�ich render the substance dangerous or potenCially dangerous to the public heahh, safery, welfare or <br />enviroument. The term ivcludes, without lunitation, any substances defined as "hazardous material," "toxic substances," <br />"hazardous waste" or "haz,ardous substance" under any Environmental Law. <br />Trustor represents, warrants and agrees that: <br />A. Except as previously disclosed aud 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, are, <br />and shall remaiu 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. Trustar sl�all unmediately 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 Environmeutal Law. <br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any peading or thceatened 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 tv intervene in Trustor's name in any of the above described actions or claims. Trustor assigns to <br />Beneficiary the proceeds of any award or claim for dunages connected with a condemnation or other taking of all or any <br />part of the Property. Such proceeds shall be con.�idered payments and will be applied as provided in this Security <br />Iustr�ment.' This atisigmnent of proceeds is subject to the terms of any prior moRgage, deed of trust; security agreement or <br />othec lien document. � � <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risKs reasouably <br />associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the <br />periods thxt Beneficiary requires. What Lender requires pursuant to the preceding sentence can change during the term of <br />the loan. The insurxnce cxrrier providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which <br />shall noC be uureasouably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at <br />Beueficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the terms of this Securiry <br />InstrumenC. � � <br />All insurance policies xnd renewals shall be acceptable to Beneficixry and shall include a standard "mortgage clause" and, <br />where applicable, "loss payee clause. " Trustor shall nnmediately notify Beneficiary of cancellation or termination of the <br />insurance. Beneficiary shall have the right to hold the policies and renewals. If Beneficiary requires, Trustor shall <br />nnmediate(y give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give <br />unmediate noCice to the insurance carrier and Beneficiat�. �u�ficu� loss if not made immediately by <br />T ������ . ^ i�v ` � <br />� ,� �!.'<'k�� �f�i�?� � ��� (Pa f 41 <br />t � �S.waN.�9�3 R±e:�3 e �° : � <br />��"' C�` 1994 Bankers Systems, Inc., St. Cloud, MN Form RE-DT-NE t/3 /200� � � „� <br />