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05115 <br />t 1. PIMIntsMS. Borroweragreestomakeall payments onthesecureddebtwhen dub. Unless Bormwerandtenderr agresotherwise any payments <br />Lander receives from Borrwwr or for Borrowers benefit will be applied first.to any amounts Borrower owes on the secured debt exclustve of <br />interest or pripelpal, second to Interest, and then to principal If partial prepayment of the secured debt occurs for any reason, it will not reduce <br />of excise any scheduled payment until the secured debt ties paid in full. <br />a tLlafrns Asoi""TWI0: Borrow Will pay a4 nts, And other charges attributable to the property when due and will defend tins <br />' to rite rty againsE arty chime whidt vwuid' im r' he lien of this deed of trust. Lender may require Borrower to assign any rights, claims <br />or dshnsMwhich Borrower• may have against parties who supply labor or materials to Improve or maintain the property <br />S. kwasnoR Borrawer will keep the property insured under terms acceptable to tender at Borrower's expense and for Landers,benefit All <br />` irourena porkies shat! hiduM s standard mortgage clause in tavnr of Lender. Let'dair• wilt ba nomad as toss payee ar as the insured on any . ` <br />• Ruch irtsuraraoa policy. aMl� � pI'rilffidlt>ilsayr iftdappliid, Mitt ►ir►.'LiRderArdie�fol�L;ttt�'� tits rastonition or repair of the damaged " <br />properryortothsseeured Nlendarroquirssmortgageinsurence, Borrowaragree s,to ¢ naintairtsuchi'nsu �s� tongsaLenderrequ <br />t iliapirtr Borrower will keepthe property.in goiid idMldon and make all repairs reasonably necessary. <br />Sr. 6ioeMSa Borrower ogress to pay all Landers expenses, including reasonable attomeW fsea, If Borrower breaks any covenants in this deed <br />oftrustortn any obligation secured bythis deed oftrust. Borrowerwill paytheseamountstoLenderosprovided In Covenant9ofthis deed oftrust. <br />i. Poor Secu tr Interests. Unless Borrower first obtains Lenders written consent, Borrower will not make or permit any changes to any prior <br />security interests. Borrower will perform all of Borrowers obligations under any prior mortgage; deed of trust or other security agreement, <br />including Borrowers covenants to make paymsM when due. <br />' 7. pi INnts sad waifs. Bortowsr assigns to Lander the reins and profits of the propa�ty Unless Borrower and Lender have agreed <br />otM to writing, Borrower may wlleet and retain the netts as long as Borrower is not in default If Borrower dshufts, Lender, Lender's • <br />agent, o► s court appointed receiver tstQ possession and manage the property And collect the rents. Arty ants Lander ax711ects shall be <br />applied first to the costs of rttanaging the property, including court costs and attomeir� fees, commtsstons to rents! ,and arty other <br />necessary retsled expenses. The remaining amount of rent will then apply to payments on the secured debt at provl in Covenant 1. <br />al 1aseMrMils; CerNertilitiwns; P+hm *d Unit Da skptnanb: Borrower agrees to comply with the provisions of any lease if this deed of trust <br />Is on a fessehotd. If this deed of trust is an a unit In a condominium or a planned unit development, Borrower will perform all of Borrowers <br />duties under the covenants, by -laws, or regulations of the condominium or planned unit development. <br />!. Authoifty of Lender to Perform for Borrow. If Borrower fails to perform any of Borrowers duties under this deed of trust, Lender may <br />perform the duties or cause them to be performed. Lender may sign Borrowers name or pay any amount if necessary for performance. If any <br />construction on the property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lenders <br />amrity interest in the property. This may Include completing the construction. <br />lenders failure to perform waft not preclude Lender from exercising any of its other rights 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 <br />est <br />and will bear inter from the date of the payment until paid in full at the interest rate in effect on the secured debt <br />.r <br />10. Woult andAccelerafta. if Borrower fails to make any payment when due or breaks any covenants under this deed of trust or any obligation <br />secured by this deed of trust or any prior mortgage or deed of trust, Lander may accelerate the maturity of the secured debt and demand <br />tmmediair#o dhd M*atw�ke,ttyh:p�t)Ile►�df sale4nd- fAy other- ramedies permitted by spp)ipebjs tsw <br />11. Power of Sale, If the Lender Invokes the power of sale, the Trustee shjill first record in the office of the register of deeds of each county <br />wherein the trust property or some part or parcel thereof is situat6Wsnotice df• default containing the information required by law The Trustee <br />shall also mail copies of the notice of default to the Borrower, to each person who is a party hereto, and to other persons as prescribed by <br />applicable law Not less than one month after the Trustee records 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 operations carried on by the trustor, the Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the property at public auction to the highest <br />bidder. if required by the Farm Homestead Protection Act, Trustee shall offer the property In two separate sates 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 plats of any previously scheduled safe. <br />Lender or its designee ee may purchase the property at any sate. <br />Upon receipt of payment of the price. bid, Trustee shall deliver to the purchaser Trustee's deed conveyingg the property. The recitals contained <br />in Trustee's deed shall be prima facie evidence of the truth of the statements contained therein. Trustee shall apply the proceeds of the sale In <br />the foRotiiing ordlrs Eel td'el6ffxpegseibfrlhe sali,ItAcladiriV/b6t hot Ittnyte0.fga tsaWnable lrtastsl( /tfaeA, tsasotNbip atwf.100 fees and } / <br />reinstatement fees; (b) to all sums secured by this deed of trust, and (c) the balance, if any, to the persons legally entitled to receive it. <br />12. Forsatosure. At Lender's option, this deed of trust may be foreclosed in the manner provided by applicable law for foreclosure of mortgages <br />on real property. <br />13. Inspection. ender may enter the property to Inspect it if Lender gives Borrower notice beforehand. The notice must state the reasonable <br />cause for Lenders Inspection. <br />14: Condemnation. Borrower assigno; Lender the proceeds of any award or claim for damages connected with a condemnation or other taking <br />of all or any part of the property. Su 4roceeds will be applied as provided in Covenant 1. This assignment is subjectto the terms of any prior <br />security agreement. <br />It Waiver. By exercising any remedy available to Lender, Lender does not give up any rights to later use any other remedy. By not exercising <br />any remedy upon Borrower's default, Lender does not waive any right to later consider the event a default if it happens again. <br />10. Joint and Several Liability; Co-signers; Successors and Assigns Bound. All duties under this deed of trust are Joint and several. Any Borrower <br />who co -signs this deed of trust but does not co -sign the underlying debt Instrument(s) does so only to grant and convey that Borrower's Interest <br />in the property to the Trustee under the terms of this deed of trust. In addition, such a Borrower agrees that the lender and any other Borrower <br />under this deed of trust may extend, modify or make any other changes in the terms of this deed of trust or the secured debt without that <br />Borrowers consent and without releasing that Borrower from the terms of this deed of trust. <br />The duties and benefits of this deed of trust shall bind and benefit the successors and assigns of Lender and Borrower. <br />. S . , ','. , ,- , s. rr• . <br />17. • MtBgs'Udhtssibtherwiss ropy�ed pyfawr qpY nottceEt IBo rovuershalt be give by.deliveilrlg it or by,mailing it by aettl.Gfld mail +addressed <br />to 8orlpwer 8t the prep rty addte}SS.ot any atilerddrys9 t atQrr9vyer hbs given. to 1 @tjdec Borrower WdI iva any.noticeto t�ndet by certified <br />mail t0 LEiiiYef� eddresari the front eide'ofthis 0do1 tistr'dt t0 Arfyirther addresayvhychiander hbs'de�lgnjted: 51hy othei notice to Lender <br />ShalLbla eentto l nQar�.ada as �stptsd' on}bs frgnt Bide, o} this dpt{d +at ttVbi .. a. i • , �: . r - <br />Any,npiipe shall Me deteme :tafittve Been given:tQ jLorromr or LentSar when gjyen M the menrsIr.atate{f elwve.. , <br />t8. Tr�irisfiF of Lehi Prbpi oi`i t #iiiif[cialf lnt�ieft !n the�oiio9Vir. If ail br any pbrt df1h4 property-oi any intetest lh if is sold or transferred <br />within Is(Kderel)tiorwritt"ooiisent, Ldn4grt4tttt t imjind immedialcpayment of:thp secgted debt iendermay g1sodemand immediate <br />payment if the Borrower is not a natural person and a bone icial interest in the Borrower is sold or transferred. However, Lender may not demand <br />_ ..... pa; tent In the above sitrlatio!+s if It is prohibited by federal lae, as of the date of this deed of trust <br />19. Reconveyance. When the obligation secured by this deed of trust has been paid, and Lender has no further obligation to make advances <br />under the instruments or agreements secured by this deed of trust, the Trustee shall, upon written request by the Lender, reconvey the trust <br />property. The Lander shall deliver to the Borrower, or to Borrower's successdr•ln interest the trust deed and the note or other evidence of the <br />obligation so satisfied. Borrower shall pay any recordation costs. <br />L 20. Successor Trust". Lender, at tenders option, may remove Trustee and appoint a successor trustee by first, mailing a copy of the substitution <br />of trustee as required by applicable law, and then, by filing the substitution of trustee for record in the office of the register of deeds of each <br />county in which the trust property, or some part thereof, is situated. The successor trustee, without conveyance of the property, shall succeed <br />to all the pourer, duties, authority and title of the Trustee named in the deed of trust and of any successor trustee. <br />OCP•MTO -NE iiACKSIDE REVISION VATE 8!887 <br />u1� <br />i. <br />I <br />