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201204801 <br />COVENANTS <br />1. Payments. Borrower agrees to make all payments on the se�ured debt when due. Unless Borrower and Lender agree othemise, any <br />payments Lender receives from Borrower or for Borrower's benefit will be applied ficst to any amounts Bornower owes on the secured debt <br />exclusive of inter�t or principal, se�ond to interest, and then to principal. If partial prepayment of the secured debt occurs for any reason, it will <br />not reduce or excuse any scheduled payment until the secured debt is paid in full. <br />2. Claims Agalnst Title. Borrower will pay all taxes, assessments, and other charges atlributable to tUe property when due and will defend <br />tide to the pmperty against any claims wluch would impair the lien of this de�ed of ttust. Lender may require Borrower to assign any rights, <br />claims or defenses wiuch Borrower may have against paities who supply labor or materials to impmve or maintain the pmperry. <br />3. Insurance. Borrower will keep the property insured under terms acceptable to L.ender at Borrower's expense and for Lender's benefit. All <br />Insurance policies shall include a standard mortgage clause in favor of Lender. Lender will be named as loss payee or as the insured on any such <br />insivance policy. Any insutance proceeds may be applied, within Lender's discretion, to either the restoration or repair of the damaged property <br />or to the s�ured debt. If Lender ret�uir� mortgage insuiance, Borrower agr�s to maintain such in.c�,ance for as long as I.ender requires. <br />4. Property. Borrower will keep the property in good condition and make all repai� reasonably necessary. <br />5. Expenses. Borrower agrees to pay all Lender's expenses, including rr,asonable attorneys' fees, if Borrower breaks any covenants in this <br />deed of hvst or in any obligation secw�ed by tlus de�d of husk Borrower will pay these amounts to Lender as provided in Covenant 9 of tUis dced <br />of hust <br />6. Prior Security Interests. Unless Borrower fiist obtains Lender's written conte.st, Borrower will not make or pernrit any changes to any <br />prior se�urity interests. Borrower will perform all of Borrower's obligations under any prior mortgage, deed of trust or other se�urity agreement, <br />including Borrower's covenants to make payments when due. <br />7. Asstgnment of Rents and Profits. Borrower assigns to Lender the rents and pmfits of the property. Unless Borrower and Lender have <br />agreed otherwise in writing, Borrower may collect and retain the rents as long as Borrower is not in default. If Borrower defaults, Lender, <br />Lender's agent, or a court appointed receiver may take poss�ssion and manage the property and collect the rents. Any rents L.ender coll�ts shall <br />be applied first to the costs of managing the property, including court costs and attorneys' fees, commissions to rental agents, and any other <br />n�essary related expenses. The remaining amount of rents will then apply to payments on the se�ured debt as provided in Covenant 1. <br />8. Leaseholds; Condominiums; Planned Unit Developments. Borrower a� to comply with the provisions of any lease if this deed of <br />hust is on leasehold. ff tlus deed of hust is on a unit in a condominium or a planned unit development, Borrower will perform all of Borrower's <br />duties under the covenants, by laws, or regulations of the condominium or planned unit development. <br />9. Authority of Lender to Perform for Borrower. ff Bortower fails to perform, any of Bortower's duties under this deed of hust, Lender <br />may perform the duties or cause them to be performed. Lznder may sign Borrower's name or pay any amount if n�essary for performance. If <br />any conshucrion on the property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect <br />Lender's security interest in the property. This may include completing the const�uction <br />Lender's failure to perform will not pre�lude Lender from exercising any of its other rights under the law or this deed of hvst. <br />Any amounts paid by Lender to protect Lender's security interest will be s�ured by this deed of Wst. Such atnounts will be due on demand and <br />will bear interest from the date of the payment until paid in full at tt►e interest iate in effect on the se�ured debt. <br />10. Default and Acceleratioa If Borrower fails to make any payment when due or breaks any covenants under this deed of trust or any <br />obligation secured by this deed of hust or any prior mortgage or deed of hust, Lender may accelerate the maturity of the secw�ed debt and demand <br />immediate payment and may invoke the power of sale and any other remedies permitted by applicable ]aw. <br />11. Request for Notice of Defaul� It is hereby requested that copi�s of the notices of default and sale be sent to each pe�son who is a pariy <br />hereto, at the address of each such peison, as set forth herein. <br />12. Power of Sale. If the Lender invokes the power of sale, the Tn�stee shall first r�ord in the office of the register of deeds of each county <br />wherein the hvst pmperty or some part or parcel thereof is situated a nadce of default containing the information required by law. The Tn�stee <br />shall aLso mail copies of the notice of default to the Borrower, to each person who is a parry hereto, and to other persons as pr�scribed by <br />applicable law. Not less than one month after the Tnistee r�ords the notice of default, or two months if the trust property is not in any <br />incorporated city or village and is used in farming opeiadons carried on by the hustor, the Trustee shall give public notice of sale to the persons <br />and in the manner prescnbed by applicable law. Trnstee, without demand on Borrower, shall sell the property at public auction to the highest <br />bidder. If required by the Farm Homestead Protecrion Act, Trustee shall offer the pmperty in two sepaiate sales as required by applicable law. <br />Trustee may postpone sale of all or any parcel of the property by public announcement at the time and place of any previously scheduled sale. <br />Lender or its designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Tn�.ct� shall deliver to the purchaser Tnrstee's deed conveying the property. The recitials contained in <br />Trustee's deed shall be prima facie evidience of the tnrth of the statements contained therein. Tmst� shall apply the proceeds of the sale in the <br />following order: (a) to all expens� of the sale, including, but not limited to, reasonable Tnistee's fees, reasonable attorney's fees and <br />reinstatement fees; (b) to all sums secured by tlus deed of tivst, and (c) the balance, if any, to the persons legally entitled to receive it. <br />13. Foreclosure. At Lender's option, this deed of hvst may be foreclosed in the manner provided by applicable law for fore�losure of <br />mortgages on real property. <br />14. lnspection. Lender may enter the pmperry to inspe�t it if Lender gives Borrower notice beforehand 1'he notice must state the reasonable <br />cause for Lender's inspectioa <br />15. Condemnation. Borrower assigns to Lender the proceeds of any award or claim for damages connected with a condemnadon or other <br />taking of all or any part of the property. Such proceerls will be applied as provided in Covenant 1. This assigiment is subject to the terms of any <br />prior security agr�ment. <br />16. Waiver. By exercising any remedy available to Lender, L.ender does not give up any rights to later use any other remedy. By not <br />exercising any remedy upon Borrower's default, Lender do�s not waive any right to later consider the event a default if it happens again. <br />17. Joint and Several Liability; Co-signers; Successors and Assigns Bound. All duties under this deed of trust are joint and several. Any <br />Borrower who co-signs this deed of hust bu1 does not casign the underlying debt instcuments(s) does so only to grant and convey that <br />Borrower's interest in the property to the Tn�st� under the terms of this deed of Uust. In addition, such a Borrower agrees that the L.ender and <br />any other Boaower under this deed of t�ust may extend, modify or make any other changes in the tecros of this dced of trust or the secured debt <br />without that Borrower's consent and without releasing that Borrower from the terms of this deed of Uust. <br />The duties and benefits of tivs deed of hust shall bind and benefit the successois and assigns of Lender and Borrower. <br />18. Nodce. Unless otherwise required by law, any norice to Borrower shall be given by deliveriug it or by mailing it by certified mail <br />addressed to Borrower at the property address or any other address that Borrower has given to Lender. Boaower will give any notice to Lender <br />by certified mail to Lender's addr�s on page 1 of this dee3 of hvst, or to any other address, which Lender has designated. Any other notice to <br />Lender shall be sent to Lender's address as stated on page 1 of tlus de,ed of trust. <br />