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COVENANTS 200303823 <br />I. Payments. Borrower agrees to make all payments on Me secured debt when dud. Unless Borrower and Lender agree otherwise, any payments Lender receives from <br />Borrower or for Borrower's benefit will be applied Most to any amounts Borrower owes on the secured debt cxchane of Interest or principal, second W interest, and then W <br />principal. If genial prepayment i f the secured debt occurs fee ony reman, it will act reduce a excuse any scheduled payment until the secured debt is paid in Poll. <br />2. Claims Against Title. Burrower will pay all taxes, assessments, and ocher charges attri fershle W Me property when due and will defend tide to to property against <br />any alarms which world Impair the lien of Nls decd of bust Lender may require Borrower to assign my rights, claims or defenses which Borrower may have against <br />parties who supply labor or materials to improve or maintain the property. <br />3. Ins i all Borrower will keep the property insured under terms mesptable to Lender at Bon rower's expense and for l ender', heneft. All Insurance policies shall <br />include a standard mortgage clause in favor of Lender. Lender will be named as loss payee or as Me insured on any such insurance policy. Any insurance procmJs may be <br />applied, with In lender's discretion, to proud the restoration a repair of the damaged progeny or to the secured dent If Ian ls, requires mengage Insurance, Borrower <br />agrees W maintain such insurance for as long ems Lender requires. <br />J. Property. Borrower will keep the property in good condition and make all repairs seasonably necessary. <br />S. Rxpense, Be,.., agrees to pay all Lender's expenses, including reasonable attorneys' fees, if Turnover M1reaks any covenants in Nis deed of trust or in any <br />obligation secured by this deed of tea. Be,.., will paythcsu amounts to Lender as provided in Covaaad 9 ofthis deed ofDuit. <br />6. Prior Security Interests. Unless Borrower first obtains Lender's writs. contest, Borrower will not make or permit any changes to any prior security interests. <br />Borrower will perform all of Borrower's ohligadons under any prior mortgage, decd of last or other security agreement, including Borrower's covenants to make payments <br />when due. <br />7. Assignment of Rents and Profits. Borrower assigns to Lender Me rents and profits raffle property. Unless Borrower and Lender hues agreed otherwise in writing, <br />Borrower may collect and retain the rents as long as Borrower is not in default if Borrower defamrs lender, leaders agent, or a coon appointed receiver may take <br />possession and manage the property and collect Nc rents, Any rents Lender collects Shull be applied first la the wets of managing the property, including men costs and <br />attomeys' fees, commissions to rental agents, and any other necessary related expenses. The remaining amount of rents will then apply W payments On the secured debt as <br />pmvlded In Covenant 1. <br />8. Leaseholds; Condominiunrs; Planned knit Developments. Borrower agrees m comply with to provisions of any Icasc if this decd oftrust is on leasehold. It this <br />deed of tan is on a unit in a condominium or a planned unit development, Borower will perform all of Borrower', duties under the covenant,, 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 parfonn, any of Borrower's duties order this deed of trust, Tender may perform the duties or <br />se them to bs performed. Lender may in Borrower's name or pay any amount U necessary for performance. If any constructing on the property is discontinued or not <br />curried on Ina reasonable mmner, Lender nay do whatever is necessary to protect Lender's security Interest in the progeny. This may include completing fee construction. <br />Lender's failure 10 warrant will not preclude Tender from exercising my of its other rights under Me law or Nis decd official, <br />Any amounts paid by I wader to protect Lender's security interest will be secured by this deed of bust. Such formal, will be due on demand and will bear Interest floor the <br />date ofhc payment until paid in full of the interest rate In eRem on the secured debt <br />10. Default and Acceleration. If Borrower fails to make my payment when due or breaks any covenants under this deed of trust or my obligation secured by this deed of <br />trust a any prior mongage or deed of trust, Leader may accelerate the maniity of fe 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 Notes of Default. It is hereby requested that copies of the notices of i efaNt and sale be sent to each person who is a patty hereto, at fee address of each <br />such person as set forth herein. <br />12. Pnwerof Sale. IFNC LCndcr invokes the pow cafe sale, lire Trustee shall ❑rst record in the office of the register of deeds of well county wherein the Dust pmpefty or <br />.ore pat or parcel thereof is situated a notice of default containing the information required by law. The frusta shall also mail copies of the notice of dcfmlt to Nc <br />Borrower, W each person who is a party hereto, and to other persons as prescribed he applicahle law_ Not less fan one month after the Trustee records fee notice of default, <br />or two months ifthe Dust property is not in any incorporated city or village and iS used', farming operations carried on by the mama the Tastes shall give public notice of <br />sale to sae persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the property 9 public motion to Nc highest bidder. If <br />required by Mc Farm Homestead Prolocutor Act, Trustee shall offer the property In two separate sales as required by applicable law_ Trustee may postpone sale of al I or any <br />parcel of the property by public announcement at the time and place of my previously scheduled sale. LenderoribdesigneemuypuichusefepmpeAyatmysalc. <br />Upon cocipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the poTem The Treadle contained in Tros¢e's deed shall be <br />prima facie evidience of the truth of the statements contained therein T aslce shall apply the p creed. of the Sale in the following .I&, In.) WWI expenses of the sale, <br />Including, but Flat limited to, reasonable Trustee's fees, reasonable anomey's fees and reinstatement fees; Of W all sums secured by this deed of boat, and (c) Me balance, If <br />any, W Me persons legally entitled to receive il. <br />13. foreclosure. At Leftist's option, this deed oftfost may be foreclosed In the former provided by applicable law for foreclosure ofmongagvc an real property. <br />14. Inspection. Lender may enter the property to inspect it if Lender gives Borrower notice beforehand. The notice must stale Me reasonable cause for Lender's <br />inspection. <br />15. Condemnation. Borrower. assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all ar my pan of fe <br />property. Such proceeds will be applied as provided in Covenant 1. This assignment is subject W the Wfms of my prior security a recment. <br />16. Waiver. By d ereka, any remedy available to Lender, Leader doer not give up any rights to later use my other intedy. By not exercising any remedy upon <br />Borrower's default, I ender does not waive my right W lazed consider the event a default Wit happens again. <br />17. .Joint and Several Liability; Co- signers; Successor. and Assigns Bound. All duties under this deed of trust m, joint and several. Any Burrower who co -signs this <br />dead of trust but does not w -sign the underlying debt instmmentc(s) does sn only a grant and convey that Borrower's interest in fee property to fee Trustee under the terms <br />of this decd of trust In addition, such a Borrower agrees that the Lender and any other Borrower under Nis deed of trust may extent, modify of make my other changes in <br />the terms of this deed of bust or fee secured debt without Nat Borrower's consent and without releasing Nat Borrower from Me terms of Nis deed oft nest, <br />st. <br />The duties and benetits offers decd of trust shall bind and benefit the Successors and assigm Offender and Borrower. <br />18. Notice. Unless .9111-11 required by law, any notice to Borrower shall be given by delivering it or by mailing it by certified mail addressed to Borrower mine <br />property address many other address Nat Borrower has given W Lwder. Borrower will give any ..tree W Lender by certified unit to Lwder s address on page 1 of Nis <br />deed ofmat, arm my other address, which Lender has designated. Any other noted to Lender shall be sent W Lender's address as stated on page 1 ofthis deed of bust. <br />Any notice shall be deemed to have been given to Borrower or Lender when given in the manner staled above. <br />19. Transfer of the Property or a Beneficial Interest in the Borrower. If all or any pat of the property of any interest in it is sold or bmsfefied without tire Lender's <br />prior writen consent, lender may demand immediate payment of the secured debt. lender may also demand immediate payment if fe Borrower is not a natural person and <br />o beneficial interest in the Borrower is sold or frmsferred. However, lender may not demand payment in fee above situations ifif is prohihited by federal law as ofee date <br />of Nls decd of trust. <br />28. Reemeveymme. When the obligation secured by this deed oftnat has been paid, and Lender has no further obligation to make advances under the inabumenb or <br />agreements secured by this deed of trust, the Trustee shall, upon written request by Me Lender, reconvey Me trust property. The Lender shall deliver to the Borrower, or to <br />Borrower's successor in interest, the trust deed and the note of other evidence of floe obligation so satisfied. Bofmwer shall pay any f000rdation vests. <br />21. Successor Tnitee. Lender, of Lander's court, may remove Trustee and appoint a successortrnstee by first, mailing a copy ofthe substitution ofbualee aS required <br />by applicable law, and then, by filing the Suisunlion of "also for record in the office ofthe deter of deeds ofeaeh county in which the trust property, or some part <br />thereof, Is situaled. The successor mate,, without conveyance of the property, shall succeed to all the power, done, authority and title of the Trustee named in the deed of <br />trustand.fmy.mWe.mf hu.lose, <br />