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2 �O �U0272 <br /> COVENANTS <br /> 1„ Yayments. Borcower agrees to make all paymenu on the secured debt when due. Unless Borrower and Lender agree otherwise,any payments Lender receives from <br /> Bottower or for Borrower's benefit will be applied first to any amounu Borrower owes on the secured debt exclusive of interest or principal,second to interest,and then to <br /> principal. If partial prepayment of the secured debt occurs for any reason,it will not reduce or excuse any scheduled payment until the secured debt is paid in full. <br /> 2. Claims Against Title. Borrower will pay all ta�ces,assessments,and other charges attributable to the property when due and will defend title to the property against <br /> any claims which would impair the lien of this deed of trust. Lender may require Borrower to assign any rights,claims or defenses which Bonower may have against <br /> parties who supply labor or materials to improve or maintain the property. <br /> 3. Insurance. Borcower will keep the property insured under terms acceptable to Lender at Borzower's expense and for Lender's benefit. All Insurance policies shall <br /> include a standard mortgage dause in favor of Lender. Lender will be named as loss payee or as the insured on any such insurance policy. Any insurance proceeds may be <br /> applied,within Lender's discretion,to either the restoration or repair of the damaged property or to the secured debt. If Lender requires mortgage insurance,Borrower <br /> agrees to maintain such insurance for as long as Lender requires. <br /> 4. Property. Borrower will keep the property in good condition and make all repairs reasonably necessary. <br /> 5. Expenses. Bortower agrees to pay all Lender's expenses, including reasonable attorneys' fees, if Borrower breaks any covenants in this deed of trust or in any <br /> obligation secured by this deed of trust. Bonower will pay these amounts to Lender as provided in Covenant 9 of this deed of trust. <br /> 6. Prior Security Interests. Unless Borrower first obtains L.ender's written contest, Borrower will not make or permit any changes to any prior security interests. <br /> Borrower will perform all of Bonower's obligations under any prior mortgage,deed of trust or other security agreement,including Borcower's covenants to make payments <br /> when due. <br /> 7. Assignment of Rents and Profits. Borrower assigns to Lender the rents and profits of the property. Unless Bottower and Lender have agreed otherwise in writing, <br /> Borrower may collect and retain the rents as long as Borrower is not in default. If Borrower defaults, Lender, Lender's agent,or a couR appointed receiver may take <br /> possession and manage the property and collect the rents. Any rents Lender collects shall be applied£rst to the costs of managing the property,including court costs and <br /> attomeys'fees,commissions to rental agents,and any other necessary related expenses. The remaining amount of rents will then apply to payments on the secured debt as <br /> provided in Covenant l. <br /> 8. Leaseholds;Condominiums;Planned Unit Developments. Borcower agrees to comply with the provisions of any lease if this deed of trust is on leasehold. If this <br /> deed of trust is on a unit in a condominium or a planned unit development,Bonower will perform all of Borrower's duties under the covenants,by laws,or regulations of <br /> the condominium or planned unit development. <br /> 9. Authority of Lender to Perform for Borrower. If Borcower fails to perform,any of Borrower's duties under this deed of trust,Lender may perform the duties or <br /> cause them to be performed. Lender may sign Borrower's name or pay any amount if necessary for performance. If any construction on the property is discontinued or not <br /> carried on in a reasonable manner,Lender may do whatever is necessary to protect Lender's security interest in the property. This may include completing the construction. <br /> Lender's failure to perform will not preclude Lender from exercising any of its other righu under the law or this deed of trust. <br /> Any amounts paid by Lender to protect Lender's security interest will be secured by this deed of trust. Such amounts will be due on demand and will bear interest from the <br /> date of the payment until paid in full at the interest rate in effect on the secured debt. <br /> 10. Default and Acceleration. [f Bonower fails to make any payment when due or breaks any covenanu under this deed of trust or any obligation secured by this deed of <br /> trust or any prior mortgage or deed of trust,Lender may accelerate the maturity of the secured debt and demand immediate payment and may invoke the power of sale and <br /> any other remedies permitted by applicable law. <br /> 11. Request for Notice of Default. It is hereby requested that copies of the notices of default and sale be sent to each person who is a party hereto,at the address of each <br /> such person,as set forth herein. <br /> 12. Power of Sale. If the Lender invokes the power of sale,the Trustee shall first record in the office of the register of deeds of each county wherein ffie trust property or <br /> some part or parcel thereof is situated a notice of default containing the information required by law. The Trustee shall also mail copies of the notice of default to the <br /> Borrower,to each person who is a party hereto,and to other persons as prescribed by applicable law. Not less than one month after the Trustee records the notice of default, <br /> or two months if the wst property is not in any inwrporated city or village and is used in farming operations carried on by the trustor,the Trustee shall give public notice of <br /> sale to the persons and in the manner prescribed by applicable law. Trustee,without demand on Borrower,shall sell the property at public auction to the highest bidder. If <br /> required by the Farm Homestead Protection Act,Trustee shall offer the property in two sepazate sales as required by applicable law. Trustee may postpone sale of all or any <br /> pazcel of the property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the property at any sale. <br /> Upon receipt of payment of ffie price bid,Trustee shall deliver to the purchaser Trustee's deed comeying the property. The recitials contained in Trustee's deed shall be <br /> prima facie evidience of the truth of the statements contained therein. Trustee shall apply the proceeds of the sale in the following order: (a)to all expenses of the sale, <br /> including,but not limited to,reasonable Trustee's fees,reasonable attomey's fees and reinstatement fees;(b)to all sums secured by this deed of trust,and(c)the balance,if <br /> any,to the persons legally entitled to receive it. <br /> 13. Foreclosure. At Lender's option,this deed of trust may be foreclosed in the manner provided by applicable law for foreclosure of mortgages on real property. <br /> 14. Inspection. Lender may enter the property to inspect it if Lender gives Borrower notice beforehand. The notice must state the reasonable cause for Lender's <br /> inspection. <br /> 15. Condemnation. Borrower assigns to Lender the proceeds of any awazd or claim for damages connected with a condemnation or other taking of all or any part of the <br /> property. Such proceeds will be applied as provided in Covenant 1. This assignment is subject to the terms of any prior security agreement. <br /> 16. Waiver. By exercising any remedy available to Lender, Lender does not give up any rights to later use any other remedy. By not exercising any remedy upon <br /> Bonower's default,l.ender does 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 Borrower who co-signs this <br /> deed of uust but dces not co-sign the underlying debt instruments(s)does so only to grant and convey that Borrower's interest in the property to the Trustee under the terms <br /> of this deed of trus[. In addition,such a Borrower agrees that the Lender and any other Borrower under this deed of trust may extend,modify or make any other changes in <br /> the terms of this deed of trust or the secured debt without that Borcower's consent and without releasing that Borrower from the terms of this deed of trust. <br /> The duties and benefits of this deed of Vust shall bind and benefit the successors and assigns of Lender and Bonower. <br /> 18. Notice. Unless otherwise required by law, any notice to Borrower shall be given by delivering it or by mailing it by certified mail addressed to Borrower at the <br /> property address or any other address that Borrower has given to Lender. Borrower will give any notice to Lender by certified mail to Lender's address on page 1 of this <br /> deed of trust,or to any other address,which Lender has designated. Any other notice to Lender shall be sent to Lender's address as stated on page 1 of thls deed of trust. <br /> Any notice shall be deemed to have been given to Borrower or Lender when given in the manner stated above. <br /> 19. Transfer of the Property or a BeneTicial Interest in the Borrower. If all or any part of the property or any interest in it is sold or transferred without the Lender's <br /> prior written consent,Lender may demand immediate payment of the sewred debt. Lender may also demand immediate payment if the Borrower is not a natural person and <br /> a beneficial interest in the Borcower is sold or transferred. However,C,ender may not demand payment in the above situations if it is prohibited by federal law as of the date <br /> of this deed of trust. <br /> 20. Reconveyance. When the obligation secured by this deed of trust has been paid,and Lender has no further obligation to make advances under the instruments or <br /> agreements secured by this deed of trust,the Trustee shall,upon written request by the Lender,reconvey the trust property. The Lender shall deliver to the Bortower,or to <br /> Borrower's successor in interest,the trust deed and the note or other evidence of the obligation so satisfied. Bonower shall pay any recordation cosu. <br /> 21. Successor Trustee. Lender,at Lender's option,may remove Trustee and appoint a successor trustee by first,mailing a copy of the substitution of trustee as required <br /> by applicable law,and then,by filing the substitution of trustee for record in the office of the register of deeds of each county in which the trust property,or some part <br /> thereof,is situated. The successor trustee,without conveyance of the property,shall succeed to all the power,duties,authority and title of the Trustee named in the deed of <br /> trust and of any successor trustee. <br /> �_ <br />