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COVENANTS 200301764 <br />1. Payments. Borrower agrees to make all payments on the ox-ed club, when due. Unless Borrower aad Lender agree otherwise, any payments Lander receives from <br />Borrower or for Borrower's benefit will be applied first to say amounts Burrowv owes on the seared debt ,choice of amnesic or principal, second to interest, and then to <br />principal If partial prepoymeut of the sociued debt recurs for any reason, it will not heart or excuse any scheduled payment our the seemed debt is paid tit full <br />2. Claim Against Title. Borrower will pay all taxes, acesioncnts, and other charge amrtakit a to the propel,, wheca due and will defend title to the Property again, <br />any claims which wuuW unfair the lien of this deed of mush Lender may require Borrower to assign any rights, ]aims or defenses which Borrower may have against <br />parties who supply labor or materials to improve or mention the property. <br />3. Insurance. Borrower will keep the property insured under [eons court able m Lends at Borrowerx csparsc and for Landers benefit. All Insurance policies shall <br />include a standard mortgage clause in favor of Lender . Lender will be argued as loss payee to as the insured on any such inxnaaceso1w, Any insurnce proceeds may be <br />applied, within lender's dimretion, m either the astomten or repair of the damaged property or to the scoured debt If Lender requires mortgage insurance, Burrower <br />agrees to maintain such nominee for as long as Lender tegmires. <br />4. Property. Borrower will keep the property in good condition and nuke all retch, reasonably neccasmy. <br />5. Expenses Borrower agrees to pay all Lender's expenses, including reasonable atromcys fuck, it Borrower breaks any covenants in Nis deed of trust or in any <br />obligation scoured by Nis deed of mrst. Borrower will pay theve amounts to Lender as provided in Covenant 9 of this deed of trust. <br />6. Prior Security Interests. Unless Borrower first obtains Lender's written context, Borrower will not make or permit any changes to any prior security imcrcst, <br />Burrower will put form all of Ronower's obligations under any Inch mortgage, deed of trade or other voracity increment, including Dmmwei s covenants to make papnems <br />when due. <br />7. Asaignn.cut of Rears and Profits. Borrower assigns m Lender the rca, and profits of the property_ Unless Donowar and Lender have agreed othawfs, in wrhing <br />Borrower may pollee[ and r,Win the rents us long as Bunuwer is cwt in default If Bamuwer 1116uhs, Leaden Lender's agent to a owe uprooted rec • ry take <br />posxession and manage the property and c d1car the rents . Any rents Lender colloids shall be .,,licit first to the costs of managing the pperty, including coma costs and <br />entomey ' fee,, commissions m renal agent,, and any other necessary related expenses. The remaining amount of rch will then apply m payments oa the secured debt as <br />provided in Covenant I_ <br />8. L cksehilds; Combination.., Planned Unit Development, Bortnwer agrees to comply with he un vi,ion, of any lease if thL died oform, iv nn leasehold. Wild, <br />deed of Imsl it on u unit in a condor Haunt or u planned am( development Bormweh will put mr all of Borrower's datev under ire uo"Itons, by lawn, ur regulations of <br />the conduminium or planned unit development. <br />9. Authority of Lender to Perform for Borrower. If Burrower fails I. toemo , any of Borrower's duties under this deed of trued. Lender may p rform the duties or <br />use them m be performed. Leader may sign Borrower's name or pay any amount if necessary for performance. if any construction on the property is discontinued or not <br />caned on in a reasonable manna Lender may do whatever is accuser, to protect Lenders security inters.¢ in the Irn,eny Thin may'mdude c mpleling the snail .... ruak <br />Lenders failure to perform will not preclude Lender from remising any of its other rights under the law or this deed of trust_ <br />Arty otehunt, paid by fonder 1. p otart Leader's seou ity interest will be serwxrl be Ihis deed of Lack, Such amounts will be due on demand and will beer inwoAt treat the <br />date of he paymcm omit paid in full as the interest rate in effor on the secured debt. <br />10. Default and Acceleration. If Burrower faits to make any payment when due or breaks any covenants under this decd of trust or any obligation secured by this deed of <br />trust or any prior mortgage or deed oftmst, Under nay accdcmm the ..Co.,, ol'the secured debt and demand immediate payment and may invoke the power of sale and <br />any other maredu s purchased by applicable Iaw_ <br />11. Request for Notice of Default. It is hereby requested that copies of the notice of default and sale he sent to each person who ts a toed harefo. a the address of each <br />such peace, as so forth herein <br />12. Power of Sale if the Leadermsedes the power of sale, the Trustee shall Post mccurd in the office of ere register of deeds of each county wherein the trust pmpcny or <br />re. part ho IherwC a'outoo d o aces of default conwiaug the mtonmauon required by law The Trustee shall also mail copies of the notice of default to the <br />Bohr er, to each person who is a party hereto, and m other peraone es pmsetbcd by applicable Iaw. Not less than one month after the Taaee records the notice of default <br />or two months if the trust property is not in any incorporated cite to village and is used to fin ii,opemtiwtscan4ul.obydrctrre,wr; the Trwlee shall givepabl,e notice of <br />sale to the p ome, and in the Iwmrei prow bed by upphcable law_ Trustee, without demand on Borrower, shall sell the property at public auction to the highest bidder. 11' <br />required by the Partm Homestead Protection Act. Trustcc shall offer the property in two separate sales as required by elllicabie Iaw. Trustee may pno,one sole of all or any <br />tame] ofdre property by public announcement at the time and place of any previously schedrded sale Lender or its designee, may purchase the property at any sale. <br />Upon receipt of payments of the price bid, Trh shall deliver to the purchaser Trustee', deed caucusing the IropaTy The r ... tick contained in Trustee's deal shall be <br />prima facie evidience of the win of the.aatemenm contained therein. Tnamo shoal apply Ore proceeds of the rule in the following order (a) to all expenses of the sale, <br />including but on limited m, shockable Trashier', fees, rasonable atomcy's fees and reinstatement Ices: (b) m all sums secured by this decd of uus, and (c) the balance if <br />any, to the persons legally entitled to receive it <br />13. Foreclosure. AtLeadvi optiom this deed or may be foreclosed tit the manner provided by applicahle law for foreclosure ofooku,ges our real aepedy. <br />14. Inspection. Lender rimy enter Ore pmpcny w inspect it if Lender gives Borrower notice beforehand. The notice must state the reasonable cause for lenders <br />15. Cmrdelmenime Borrnwv assigns to Lead,, the pm,cW, of any award or claim to, damago connected with a condemnation or other taking ofall nhany pan ofthc <br />property, Such Proceeds will be applied as provided in Covenant t This assignment is subject to the terms of why pilot smufity aid rcanen.. <br />16. Wairar. By exercising any remedy available to Lander Lender does not give up any tights to later use any other refinery . By not exclaising cry remedy upon <br />Borrowers default, Lander does not waive any right to later consider the event a default Tit happens again. <br />17. Joint and Several Liability; Coaigners, Successors and Assigns Round. All duties under this deed oftmst are joint and several Any Borrower who co signs this <br />deed oftmst but does not co-sign the underlying debt isswments(s) does or only m goat and eonvq Ural B— ioshe's interest is the property to the Trustee under the tears <br />oldie deed oftmst To addition, such a Bormwer agrees tot the Lender a ad any other Borrower undcrthis decd of may extend, modify or make any other chmlgs iu <br />the terms of Ihis decd oftmst or the securd deb[ wnthoul that Borrower's consent and without releasing that Harrower font the demo of this deed of ut <br />The duties and benefits of this deed of nos shall bind and brvefit the successors and assigns of Lender and Bomwer. <br />18. Notice. Unless otherwise required by law, any once to Borrower doll be given by delivering it or by mailing it by on tied mail addressed to Borrower at the <br />pm,mty address or cry other address that Burrower has given to Lender, Borrower will give any notice to Lender by certified nail to Lurdei s oddhcss on page I of this <br />deed ofnust, arm anyotheraddmss, which Leaderhax designated. Anyother active to lindehshall be sent to Lenders address m staled on page l of this deed of trust <br />Any notice shall be dernned to have been given to Borrower or Leader when given in the manner stated above <br />19. Transfer of the Property or a Beneficial lamrest in the Rorruwer. If If or any part of the property or any interns in it ev sold or am ofiocd without the Lender's <br />prior wratcn consent, Lender may demand immediate payment of the secured debt I and.. may also demand irmnedime payment if Remover is not a annual person and <br />a beneficial interest in the Borrower is sold or transferred_ However, I ender tray not dermal payment in the above smatears if is prohibited by federal law as of the date <br />of this deed option <br />20. Reconveyance. When the ohf,alion seared by this deed of trust lot, been paid, and Leader has no further obligation to make advance, under the ins.umuru or <br />egmecneots smumd by this deed of (cast, Nc lluxtee shall, upon written request by the fertile, resurvey the trust property. The Lender shall deliver to the Borrower. or to <br />Borrower s successor in interest, the most deed and the note nr other evidence ofthe obligation so satisfied. Borrower shall pay any recordation costs. <br />21. Successor 'I shales. Under, at Under 'soption, may remove Trustee and appaint a successor lrrrsre,Nv tart nettfir, a copy of the substitution of trustee as required <br />by applicable law, and then, by filing the suhstimtion sportier for recoN in fire office of the refixes of dads of each county in which the trust property, or some part <br />thermf issinci ed_ T1re ........ r Lich without conveyance of property, shall succeed in all the power, duties, cnhouty and Late of the trustee named in the deed of <br />last hand of any successor tandec. <br />