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5 '� } � <br />� � y rr <br />2011Q6�7'� <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 Trustor's obligations <br />under this Security Instrument and Beneficiary's lien status on the Property. <br />6. WARRANTY OF TITLE. Trustor wanants that Trustor is or will be lawfully seized of the estate conveyed by this <br />Security Instrument and has the right to irrevocably gran,x, convey, and sell the Property to Trustee, in trust, with power of <br />sale. Trustor also warrants that the Property is uner�cumbered, except for encumbrances of record. <br />7. DiJE 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 the Property. This right is sub�ect to the <br />restnctions imposed by federallaw (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 Secuaed I)�bt that is an open end home equity plan fails to make a payment <br />whea due. � - <br />Property. Any action or inaction by the Borrower or Trustor occurs that adversely affects the Property or Beneficiary's <br />rights m the Property. This includes, but is not limited to, the following: (a) Trustor fails to maintam required insurance <br />on the Property; (b) Trustor transfers the Property; (c) Trustor commits waste or otherwise destructively uses or fails to <br />maintain the Property such that the action or inacrion adversely affects Beneficiarx's security; (d) Trustor fails to pay t�es <br />on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien <br />of this Security Instrument; (e) a sole Trustor dies; (fl if more than one Trustor, any Trustor dies and Bene�ciary's <br />security is adversely affected; (g) the Property is taken through eminent domain; (h) a judgment is filed against Trustor and <br />subjects Trustor and the Prope to action that adversely affects Beneficiary's interest; or (i) a pnor lienholder forecloses <br />on the Property and as a result,�eneficiary's interest is adversely affected. <br />Executive.Officers. Any Borrower is an executive o�cer 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 federallaws and <br />regulations. <br />9. REMEDIES ON DEFAiJI.T. In addition to aii�"�� �tk��;� �e�nYedy available under the terms of this Security Instrument, <br />Bene�ciary may accelerate the Secured Debt and foa��case thrs Security Instrument in a manner provided by Iaw if Trustor <br />is in default. In some instances, federal and state la�v will require Beneficiary to provide Trustor with notice of the right to <br />cure, or other notices and may establish time schedules for foreclosure actipns. 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 i above. <br />At the option of the Beneficiary, a11 or any part of the agreed fees and charges, accrued interest and principa1 sha11 become <br />immediately due and payable, after giving notice if required by law, upon the occunence of a default or anytime <br />thereafter. <br />If there is a default, Trustee shall, at the request of fh'e �eneficiary, advertise and sell the Properiy as a whole or in <br />separate pazcels at public auction to the� highest bidder for cash and convey absolute title free and clear_of all right, _title <br />and mterest of Trustor at such time and place as T�u�tee,,designates. Trustee shall give notice of saTe including the fime, <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 sa1e. <br />Upon sale of the Property and to the extent not prohib�teii 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 a11 fees, charges and costs, shall �pay to <br />Beneficiary a11 moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest <br />thereon, and the principa1 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 />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance is due or is <br />accelerated or after foreclosure proceedings are filed sha11 not consritute a waiver of Beneficiary 's right to require complete <br />cure of any existing default. By not exercising any remedy on Trustor's default, Bene�ciary does not waive Bene�ciary's <br />right to later consider the event a default if it happens again. <br />10. EXPEN5ES; ADVANCES ON COVENANTS; E1ITORNEY5' 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 theg�rppe�$y� expenses mclude, but are not lunited to, fees mcuned for <br />inspecting, preserving, or otherwise protecting th� k�'s,o�;rt� �nd Bene�ciary's security interest. These expenses are payable <br />on demand and will bear interest from the date o�,pa}ment unt�l 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 b�y Beneficiary in <br />collecting , enforcing or protecting Beneficiary's rights and remedies under this Secunty Instrument. This amount may <br />include, but is not lunited to, Trustee's fees court costs, and other le�a1 expenses. To the extent permitted by the United <br />States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys fees Beneficiary incurs to collect the Secured Debt <br />as awarded by any court exercising �urisdiction under the Bankruptcy Code. This Secunty Instrument shall remain in effect <br />until released. Trustor agrees to pay for any recordation costs of such release. <br />11. EN�IRON1dIENTt�L d�AWS t�I2 HAZ OUS Si.1��T�1l10ES. As used in this sectian, (1) Law <br />means, without limitation, the Comprehensive ; n,yiaa�t�nXa1 Response, Compensation and Liability Act (CERCLA, 42 <br />U.S.C. 9601 et seq.), and all other federal, sta�e�a�d regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the pub�ac 1���1t�, sa:fety, welfaze, environment or a hazardous substance; and (2) <br />Hazardous Substance means a�qy toxic, radioactive �T n�aous material, waste, pollutant or contaminant which has <br />characteristics which render the substance dangerous ar potentially dangerous to the public health, safety, welfare or <br />environment. The term includes, without limitation, aa�y 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 wririttg .to Benefit�ary;;�ro Hazardous Substance is or will be <br />located, stored or released on or in the Property.� Ttiis restriction does not '�p. p` to small quantities of Hazardous <br />Substances that aze generally recognized to be ap ropriate for the normal :use and"maintenance of the Property. <br />B. Except as previously disclosed and acknowledg� in writing to Beneficiary, Trustnr and every tenant have been, are, <br />and sha11 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 5ubstance 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 sha11 take all necessary remedial action in accordance with any Environmental Law. <br />: ! ,.. �v ' ✓ /Pag of 41 <br />^r <br />�`" OO 1994 Bankers Systems, Inc., St. Cloud, MN Form bCP`-A��NL� �4/91/2003 <br />' «'._ r: , <br />.d_2.�", <br />