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�� �$-1O3055 <br /> , 14. DEFAULT.Trustor will be in default if any party obligated on the Secured Debt fails to make payment when due. <br /> Trustor will be in default if a breach occurs under the terms of this Security Instrument or any other document <br /> executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Beneficiary <br /> that Beneficiar,�at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the <br /> prospect of any payment or the value of the Property is impaired shall also constitute an event of default. <br /> 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor <br /> with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to : <br /> these limitations, if any, Beneficiary may accelerate the Secured Debt and foreclose this Security Instrument in a <br /> manner provided by law if Trustor is m default. <br /> At the option of BeneSciary, all or any part of the ageed fees and charges, accrued interest and principal shall become <br /> immediately due and payable,after giving notice if required by law,upon the occurrence of a default or anytime thereafter. <br /> In addition,Bene�ciary shall be entitled to all the remedies provided by law,the terms of the Secured Debt,this Security : <br /> 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, <br /> advertise and sell the Property as a whole or in sepazate parcels at public auction to the highest bidder for cash and <br /> convey absolute title free and clear of all right, title and interest of Trustor at such time and place as Trustee : <br /> designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the <br /> property to be sold as required by the applicable law in effect at the time of 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 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 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 /> All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies provided at law or <br /> equity,whether 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 or is accelerated or after foreclosure proceedings are filed shall not constitute a <br /> waiver of Beneficiary'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 continues 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 <br /> or otherwise protecting the Property and Beneficiary's security interest. These expenses will bear interest from the , <br /> date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. <br /> Trustor agrees to pay all costs and expenses incurred by Beneficiary in collecting,enforcing or protecting Beneficiary's : <br /> rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, <br /> court costs, and other legal expenses.This Security Instrument shall remain in effect until released.Trustor agrees to <br /> pay for any recordation costs of such release. <br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES.As used in this section,(1)Environmental Law <br /> means,without limitation,the Comprehensive Environmental Response,Compensation and Liability Act(CERCLA, <br /> 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney <br /> general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous <br /> substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br /> contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public <br /> health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous <br /> material,""toxic substances,""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 quantities of <br /> Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of <br /> the Property. : <br /> B. Except as previously disclosed and acknowledged in writing to Beneficiary,Trustor and every tenant have been, <br /> are,and shall remain in full compliance with any applicable Environmental Law. <br /> C. Trustor shall immediately notify BeneSciary if a release or threatened release of a Hazardous Substance occurs <br /> on,under or about the Property or there is a violation of any Environmental Law concerning the Property. In <br /> such an event,Trustor shall take all necessary remedial action in accordance with any Environmental Law. <br /> D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is any <br /> pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br /> Hazardous Substance or the violation of any Environmental Law. <br /> 18. CONDEMNATION.Trustor will give Beneficiary prompt notice of any pending or threatened action, by private or <br /> public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other <br /> means.Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described actions or claims. ' <br /> Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with a condemnation or other <br /> taking of all or any part of the Property.Such proceeds shall be considered payments and will be applied as provided in <br /> this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, <br /> security agreement or other lien document. <br /> 19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks <br /> reasonably associated with the Property due to its type and location.This insurance shall be maintained in the amounts ' <br /> and for the periods that Beneficiary requires.The insurance carrier providing the insurance shall be chosen by Trustor ' <br /> subject to Bene�iciary's approval,which shall not be unreasonably withheld. If Trustor fails to maintain the coverage <br /> described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the <br /> Property according to the terms of this Security Instrument. <br /> All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage clause" ' <br /> and,where applicable,"loss payee clause."Trustor shall immediately notify Beneficiary of cancellation or termination <br /> of the insurance.Bene�iciary shall have the right to hold the policies and renewals.If Beneficiary requires,Trustor shall <br /> immediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor shall give <br /> immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made ' <br /> immediately by Trustor. <br /> O 1994 Bankers Systems,Inc.,St.Cloud,MN (1-800-397-2341) Form RE-DT•NE 12/23/96 t.�j� g v <br /> v � � <br /> � . .,ti .��. <br />