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., <br />� � � <br />, �, <br />s <br />�0�1Q'74'74 <br />Financial Reports and Additional Documents. Trcistot will provide to Bene�iciary upon request, any financial statement <br />or information Benefieiary may� deem reasonably r�eeessary. Trustor agrees to sign; deliver, . and file any additional <br />.,, documents or certifications that Beneficiary may eonsider necessary to perfect, continue,, and �ireserve Trustor's obligations <br />. _ ,.. : t�' eneficiary's 1ieri, status 'on the Property. , <br />under ttliiis Securi Tnsfrument and.B , . ; Y. <br />�,`,� WA1tT2A1�ITY-�;,OF TITL�.' Trustor warrants that `Fivstor is or will be lawfulty seized of ,�ie'' estaC�� conveyed by this <br />:Security Tnstrument, and has. tlie right to i;rrevocab�y,,�rant, convey; and sell the Property io Trirstee, .u#,trust; with power of <br />` sale. Trustor also warrants that the Property,is uu��i�ut►�bered, except for enCUmbrances of,r�card; <br />7. D UE QNP ALE. Bene�ciary ma , at its o tion, declare.the enfire balance of the Secured Debt td be immediately due and <br />a able u on 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 federal law (12 C.F.R. 591),.as applicable. <br />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. t�y action or inaction by the Borrower or Trustor accurs 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 Properly; (b} Trustor transfers the Properly; (c) Trustor commits waste or otherwise destructively uses or fails to <br />maintain the Property such that the action or inaction adversely affects Beneficiary's security; (d) Trustor fails to pay taxes <br />on Che Property or othetwise fails to act and theretiy causes a hen to be filed agvnst the Property that is senior to the lien <br />of this Secarity Instrument; (e) a sole Trustor dies; :(fj if more than one Trustor; any Trustor dies and Beneficiary's <br />security is adversely affected; (g) the Property is taken throu h eminent domain; (h) a judgment is filed against Trustor and <br />subjects Trustor and the Prope to action that adver`sely �ects Beneficiary's interest; or (i) a pnor lienholder forecloses <br />on the Property and as a result,�eneficiary's interest �S affected. <br />r.., ., <br />Executive. Officers. ,Any Bonower is an executive ��'�xcer of Beneficiary or-an affiliate and such Bonower becomes <br />indebted to Beneficiary or another lender in an aggregate�amounf greater than the amount permitted under federal and <br />regulations. <br />9. R�MEDYE5' ON DEFt�ULT. In addition to ariy , �other remedy availahle• under tlie terms of this Security Instrument, <br />Beneficiary may accelerate,thE Secured, Debt and foreclose this 5ecunty Instrument in a manner provided by law if Trustor <br />is in default. In some instances, federal and state law �wi11 require Beneficiary to provide Trustor with notice of tYie 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 principal sha11 become <br />immediately due and payable, after givmg not�,ce°„if reguired by law, upon the occurrence of a default or anytime <br />thereafter. ' <br />If there is a default, Trustee shall, at the reqt�est af fhe Beneficiary, advertise and sell the Property as a whole or in <br />separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title <br />and urterest of Trustor at such time and place as TrusTee designates. Trustee sha11 give notice of sale including the time, <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 />10. <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 after �rst paying all fees, charges and costs, shall �pay to <br />Beneficiary all moneys advanced for repazrs, t_ ��,,. ,�s�r�nce, liens, assessments and prior encumbrances and mterest <br />thereott, and the principa1 and interest on the �e.c�tired l5ebti, paying the surplus, if any, to Trustor. Beneficiary may <br />purchase the Property. The recitals in any deed ; c�� ; �uriv�ya�ice s�all be prima facie ev�dence of the facts set forth therein. <br />The acce tance b Benefici of an sum in a�nt�' �� ��'�ial �a on, the Secured Debt after. the balance is due or is <br />P Y az'Y Y P� �'� A� P Y <br />accelerated or after foreclosure proceedings are led's�aa�l,not constitute a waiver of Beneficiary 's right to require complete <br />cure of any e�cisting def�ult. By not-exercising any r��edy :on °Trustor's default, Bene�iciary does not waive Beneficiary's <br />righ� to_later consider the ev�nt a default if it hapgens �gain: _ - ., <br />EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor breaches <br />any covenant in this Security Instrument, Trustor agrees to pay all expenses Bene�ciary incurs in performing such <br />covenants or protecting its security interest in the Froperty. Such expenses mclude, but are not limited to, fees incurred for <br />inspecting, preservmg, or otherwise protecting the Property and Beneficiary's security interest. These expenses are payable <br />on 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. Trustoi agrees to pay a11 costs and expenses incuned by 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 oCher legal 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 junsdiction under Code. This Secunty Instrument sha11 remain in effect <br />until released Trustor agrees to pay for any recordation costs of such release. <br />11. �NVIADNII�ENT�-�,AWS -A.NI.) H�ARD()�Si�7BST�NCF.S. As used in this section Envimnmental i,avv <br />means, without limitation, the Comprehensiv� Env,�ro�iiriental Response, Compensation and Liability Act (CERCLA, 42 <br />U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attomey 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 hazazdous matenal, waste, pollutant or contaminant which has <br />chazacteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or <br />environment. The terna includes, without limitation, any substances defined as"hazardous material," "toxic substances," <br />"hazardous waste" or "hazardous substance" under. any Enyironmental Law. <br />Trustor represents, warrants and agrees tha�: , „`` '!� "a7,r ' <br />A. Except as previously disclosed and acla <br />located, stored or released on or in the <br />Substances that are generally recognize,d <br />B._Ex�ept' as previously disclosed and acl�� <br />1arid shatl re�iain full compliance with <br />C T�istor �lia1T iii�mediate}y 'noti,fy' Benefii <br />urider t�r` about :the: l�roperly or there is <br />event; Trustor'shall take all necessary re; <br />riting to Beneficiary, no Hazardous Substance is ar will be <br />restnction does not apply to sma11 quantities of Hazardous <br />a for the normal use and mauitenance,of the Property. <br />ting tc� Beneficiary, Trustor and every tenant have been, aze, <br />'snvir�nmental Law, ' <br />�or threatened release of a Hazardous Substance occurs on, <br />a� ' Environmental Law concernirig the Property: In' , such an <br />accordance with any Environmei�tal Law, <br />� V �� / (page 3 of 4l <br />C \ / <br />�� �O 1994 Bankers Systems, {nc., St. Cloud, MN Form OCP-REDT-NE 1/37l2003 iti V - <br />�dd! � <br />.'..�,7�::...__w. _. <br />