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COVENANTS 200301457 <br />1. Payments. Borrower agrees to make all payments can the secured debt when due Unless Borrow,, and tender agree otherwise, any payments Under receives from <br />Bartow,, or for Bmmwer's benefit will he is lid this to any amounts Borower owes on the secured debt eaclusive of wterest or principal, second to interest, and their to <br />principal, Ifpartial prepayment of the coined debt occurs for any reason, it will out rduce or excuse any scheduled payment until the surd debt is paid in full. <br />2. Claims Agaiml Tidc Borrower will pay all taxes, aasessm race, 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 ow une Borrower to assign any rights, claims or ddenses which Borrower may have against <br />purties who supply labor or materials to improve or maintain the property. <br />3. Bnsnrana. Borrower will keep the property insured under terms acccptable to Lender at Borrower's expense and for Lender's benefit, All buuance policies Shull <br />include a standsrd mortgage clause 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 reateratfon or otter, of the damaged property or W the secured debt If Leader requires mortgage irsmmence, Borrower <br />agrees W maintain such insuraree for as long as Lender requires. <br />4. Property. Borrower will keep the property in good condition ad nuke all repairs reasonably necessary. <br />S. Expenses. Borrower news to pay all Lender's expenses, including reasonable momrys' fees, if Burrower breaks any covenants in this deed of taus( or is tiny <br />obligatiunsmuredbythisdedoflmst Borrower will pay these amounts to lender as provided in Covenant 9 ofthis dead oftust. <br />6. Prior Security Interests. Unless Borrower first obtains Lender's wrin. contest, Daemon, will not nuke or permit any changes to any prior security cautious. <br />Borrower will perform till cf Borrower's obligations under mry prior mortgage, dad of tact it other security agreement, including Borrower'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 Borrower and tender have agreed otherwise in writing, <br />Romovacr may collect aM reuln the rents as long as Bmmwer is not in default. If B.car er defaults, Under, Ie nder's agent, or a court .,ene w o.eiver may rake <br />possess on ad marwge the property and collet the rents. Any was Lender collects shall be applied first to the costs of managing the property, including court coars cad <br />attomcys' fees, commissions to rental ,,gents, and any ollner ncessary ,,lard expenses. The remaining among of rents will then apply to payments on the secured debt as <br />provided in Covenant I. <br />a. Leaseholds; Condominiums; Planned Unit Developments. Burrower now, to comply with the provisions of any lase if this dad of host is on leasehold. If this <br />deed of tmA is on a unit in a condominium or a planned unit development, Borrower 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 Borrower fails to perform, any of Borrower's duties under this dead of trust. Lender may perform the duties or <br />use them to be perlonnad. Lender may sign Borrower's name or pay any running ifince,,ary fur performance. If any construction on the property is discominud or not <br />carried on m e reasonable manner, tender may do whatever is necessary to protect lender's security interest in the property. This may include completing the combination. <br />Lender's felon, to perform will not preclude Lender from exercising any of its other rights under the law or this dad ofteast. <br />Any amounts paid by Lender to protect Lender's security intend will be secured by this deed of Wst Such amounts will be due on demand and will bear interest from the <br />date of rM1e pa}nnrnt um;l paid in full at the inrcrest ram in etiect on the secured debt. <br />10. Default and Acceleration. ff Borrower fails to make any payment wbrn dueor brcu tiny cuvemnls coder Ills dud of Wet or any obligation smurd by this dew of <br />trust or any prior mortgage or deed of trust, Lender may accelerate the maturity of the second debt and demand budget payment and may invoke me power of sale and <br />any other remdiec pemnind by applicable law. <br />11. Request for Notice of Default It is hereby requeatd that copies of the notices of default and sale be seat to each person who is a party hereto, at the address of each <br />such person, as sec foM halm. <br />12. Power of Snle. If the tender invokes the power of sale, the Trustee shall first record in the office of the register of deeds of each county wherein the trust property or <br />some can or parcel thereof is situated a notice of default containing the information normal by law. The Touter shall also mail capiea of the notice of default to the <br />Borrow, m each scrom who is a parry heron, and to other persons as preacribed by applicable law. Not less than one month after thc Trustee records the notice of default, <br />or two months if the trust property is or in any incoryomted city or village and is used in framing operations carried en by the taster, the Tocste, Shall give public notice of <br />sale to the persons and in the motion, prescribed by applicable law. Trustee, without demand on Borrower, shall sell line property at Public nation to the highest bidder. If <br />required by the Farm Homestead Protection Act, Trustee shall offerthe property in two separate sales as required by applicable law. Tastes may postpone sale of all or any <br />panel of the property by public amameanenl at time and place of any previously scheduled sale. Lender or its designee may purchase the property at airy sale <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the property. The =trials contained in Tasters deed shall be <br />prima facie evidience of the troth of the eutemrnta eonafned therein. Truster 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 Taster's fees, reasonable attomcy s fits and reinstatement ecs; (b) to all sums secured by this deed ofnust, and (c) the balance, if <br />tiny, W the persons legally outitled to receive it <br />13. Foreclosure. At Larder's option, this dad oftmst 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 respect it if Lender gives Borowa notice beforehand. Thc notice must sate [hc l..s ablc cnuse for Lender s <br />inspection <br />1S. Cirdemnmimn. Borrower assigns to Linder the proceeds of any award or claim for damages connected with a condemnation or other taking of all it any pare of [he <br />property. Suchprocceds will be applied as provided in Coveounl 1. This assignment is subject to the terms ofany prior Smarty agreement. <br />16. Waiver. By exercising any ready available to lender, fender does not give up any right to later tau any other ready. By nit exercising any remedy upon <br />Borrower's default, lender does not wince any right W later consider the event a default if it happens again. <br />17. Joint and Seveml Liabdity; Cosigners; Sine es ors and Assigvs Bound. All duties under this deed of rant sroicurd and several. Arty Bonnwu who en -signs ais <br />dead of trust but does not co -sign the underlying debt inalmorm s(s) does sec only to grant and convey that Borrower's interest in the property to the Londe, under the term <br />of this deed of tan In additiin, such a Rirrower agrees that the Lender and any other Birtnwer under this dad of trust may extend, modify it make any other changes in <br />the teems of rks dad o[lrvsl or thn award debt without that Borrower's consent ad without releasing Thal Borrower faro the lame of this dad of timL <br />The duties and benefits oftlda dad of cost shall bid and benefit the Successors and assigns of [.ender and Borrower. <br />18. Notice. Unless otherwise required by law, any notice to Borrower shall be given by dclfvering it or by mailing it by cerlfiad mail addressd to Borrower at the <br />properly address or any other add,. that Be.,,, has given to Lender. Borrower will give any notice to Lender by certifid rail to Lender's uddress on page I of this <br />dad ofnusl, or W any other eddass, which Lender has dmigmtd. Avy other vo[ia W Lender shell be cent [o Lender a address as sated on page I oftks dad of [act. <br />Any notice Shall be cleared to have been given to Burrower or Lender when given It the manner staled above, <br />19. Transfer of the Property or a Beneficial Interest in the Borrower. Fall or any part of ere property or any interest in it is sold it transfered without the lender's <br />prior written comrnt Lender may demand immediate paymem of the scoured debt Lender may tiles dernund immediule WYmrnt if the Borrower is art u mutual person and <br />a beneficial immst in the Borrower is sold or lmmfcrcd. However, Lender may out demand payment in the above situations if it is pandated by (deal law as of the date <br />of this dad ofrmst. <br />20. Recanveyance. When the obligation secured by this dead of tmst has been paid, and Lender has no further obligation to make advances under the instruments or <br />agreanents sucuml by Ike iced th Ws4 the Tastes snot, upon other scu mec ofth ere lender, rceoe do ire W9 property_ The tend,, shill deliver lu the Bomnwer, or to <br />Borrower's successor in interest, the heal decd and the note or oacr rndrncc of the obligation so satisfid. Borrower sell pay any recoNation costs. <br />21. Successor Trustee. Lender, et Lender's option, may remove Tas[ce cod appoint v successor wince by first mailing a copy of the substiation of coerce as rcquird <br />by applicable law, and then, by filing the substitution of trustee for record in the office of the register ofdeeds of each county in which the must property, or some pare <br />therwf is situate_ The successor trustee, without conveyance of the property, shall suweed to all the power, duties, era rly and title of the Trustee named in the deed of <br />tab[ and of any successor tact.. <br />