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COVENANTS 200210618 <br />I. Payments. Borrower agrees to make all payments on the secured debt when due. Unless Borrower and Lender agree mmamf,q any payments Lender wevives from <br />Borrower or for Borrower's benefit will be appl led first in any amounts 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 an own, it wit l not reduce or excuse any scheduled payment until the secured debt Is paid In ful 1. <br />2. Claims Against Title.. Borrower will pay all taxes, assessments, and other charges attributable to the property when due and will defend title m the property against <br />any claims which would impair the Ilan of this deed of trust, Lender may require Borrower to assign any rights, claims or defenses which Borrower may have against <br />parties who supply labor or materials to improve or maintain the property. <br />3, has orvaea. Borrower will keep 0l, properly Insured under tours acceptable to Lender W Burrower's expense cud for Lender's benefit All Insurance policies shall <br />include attempted mortgage clause in favor of Lender. Lender will be named as loss payee or as me insured on any such insurance policy. Any inmrame proceeds may be <br />applied, within Lender's discretion, N either the resmration 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 by Lender requires. <br />4. Property. Bo cur vsh will keep the property in gold condition and make all repairs triennially necessary. <br />S. Expen.se.s. Borrower 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 oftmst. Borrower will pay these movies to Lender as provided in Covenant 9 fthis deed bftmal. <br />6. Prior Security Interests. Unless Borrower first obtains Lender's written contest, Borrower will not make or permit any charges to any prior security interests. <br />Borrower will ,formal of Bvrmw,,', obligations under any prior mengage deed of tam or other security agreement including Borrower's covenants to make payments <br />when due. <br />]. Assignment of Real, sad Profits. Borrower assign, le Leader file 'call and profile of the political, Unless Borrower and Lender have agreed odmrwise in writing <br />Burrower may collect and rcelan me rents as long as Borrower is not in dctault. If Borrower defaults, Lender, Lender's agent, or a coon appointed receiver new take <br />possession and manage the property and collect the rent. Any rents Lender collects shall be applied four to the costs of managing die property, including court casts and <br />attorneys' fees, wnunissioos to rental agents, and any biller necessary, related expenses. The remaining mount of rents will men apply to payments on the secured debt as <br />provided in Covenant L <br />8. Leaseholds; Condominium; Planned Unit Developments. Borrower agrees to wanly with the provisions ofany lease if this decd of trust Is on leasehold. If this <br />deed of test is on a unit in a condominium or a planned unit development, Borrov er will perform all of Borrower's duties under the envenoms, 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 deed of trust, Londe nney perform the duties or <br />rse them to be performed. Lender may sign Borrower's name or pay any amennt If necessary for performmaoe_ If any crushable. on the properly is discontinued or not <br />carried on is a reasonable mention, Lender may de whatever is necessary to protect Lenders security interest in the property . This may include completing the construction <br />London's failure to perform will not preclude Lander Donn exercising any of its other ights undee the Iaw m this deed of trust. <br />Any amounts paid by Lender to protect Lender's security interest will be secured by this deed of taw. Such amount will he due on demand and will bear interest from the <br />date of the paymwt anal paid in fill at the interest rate in effect on the secured debt <br />10. Default and Accele ration. If Borrower fails to make, any payment when due or breaks any covenants under this deed nftmsror any all lgation secured by this deed of <br />trust or any prim mom or deed of test Lender may awclemm the minority of the secured debt and demand immediate payment and may invoke the power of sale and <br />coy other remedies permitted by applicable law_ <br />11. Request for Notice. of D<GU1t. It is herchy requested that copies of the ill of behalf and sale be seat to each person wIn Is u gamy hereto, at the address of each <br />such person is set fvdh herein. <br />12. Power of Sale If the Lender i nwkes the power of sale, the Ti mee steal l fiat record in the office of the register of deeds of each wanly wherein me must pmpeny or <br />some part or parcel thereof is situated a notice of default containing me information required by Iaw. The Trustee shall also mail copies of the notice of default w the <br />Borrower, to each person who Is a patty harem, and to other ax r, as pove lyrd by applicable law_ Not less than ono rrmnda mer the 'I motes records the notice of default, <br />or two months if the that property, is rat in ally inevrpomted city m village and is used in firming operations carried on by the toaster, the Trustee shall give public notice of <br />sale to me persons and in the manner prescribed by applicable Iaw. Trustee, without demand on Borrower shall sell the property at public auction m the highest bidder, If <br />required by the From Homestead Protection Act, Trustee shall offer the an wrty in two separate sales as required by applicable law, 'I insist may postpone sale of all or any <br />parcel of the property by public wnouncemenl 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 poynhent of the price bid, Truxme shall deliver to the p obace, Trustee's deed conveying the property. @c recitals contained in Trustee's deed shall be <br />prima taeic eve icnce of the truth of the slazcments 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 Iheard m, reasonable Trustee's fa ,, ressnnable anouey'm feu and a nstatmnona fees; (b) to all sums secured by this decd oftmst, and (c) the balance, If <br />any, to the Person legally entitled W receive it <br />13. lemo rinene. At Lender's.,fall, this deed nfmrst may he foreclosed In the nhemer provided by applicable low for foreclosure of mortgages on real property. <br />14. Inspection. Lender may enter the property to Inspect it if Lender glees Borrower artist, beforehand. The notice nast stole the reawneblc cause for Lender's <br />inspection. <br />15. Condemnation. Borrower assigns to Lender the proceeds of any award err claim for damages connected with a condemnation or other taking of all or any pan of the <br />property. Smith proceeds will be applied m provided in C'avenant i, l his assignment n subject to the terms of any prior security agreement. <br />16. Waiver. By exemising any remedy available in Lender. Lender does not give up wry right to later use any other remedy. By not exercising any renmedy upon <br />Borrower's default, Lender does not waive any right to later consider the event a default if it happens again. <br />Iv. Joint end Several Liability; Co -signs s; Successors and Assigns Bound. All duties under this decd ofousl are joint and several. Any Borrower who al signs this <br />decd of trust but does not cc -sign the underlying debt Inetrunna (s) does so only he gram and convey that Berow,,'s interest in the property, to the'Cmstee under the trams <br />of this decd of most In addition, such a Borrower agrees that the Leader and any other Borrower under Nis decd of must may extend, readi ly or make any other changes in <br />the from, of this deed of trust or the severed debt without that Borrowers consent and without releasing that Borrower firm the tent of this deed of trust. <br />The duties and benefits of this deed of bust shall bind and berrefiI the successors and assigns of Lender and Borrower. <br />18. Notice. Unless otherwise required by law, any nature tb Bnrtnwar, shall he given by delivering it or by mailing it by wrtiflcd mall addressed to Borrower at the <br />popery address other address Plot Bmrowcr Inns given to Lender. Borrower will give any notice m lender by certified mall to Lender's address on Loge 1 of Nis <br />decd oflrusk or to any other address, which Lender has designated. Any other native m 1 ender shall be seat to Lender's address as slated on page I of this deed of trust <br />Any notice shop be deenhed m have been given to Borrower or Lender when given in the manner stated above. <br />19. Transfer of the Posterity or a Beneficial Interest in lire Borrower. If all or any pal of the property or any interest in it is sold or transferred without the Lender's <br />prior wrustw consent, Lender may demand immediate payment of the secured debt Lender may also demand named late payment if the Borrower is not a natural person and <br />abeneficial interest In the Borrower is sot d or transferred. However, I carder may not denhond Paymnent In the above situations it it is prohibited by federal law as of the date <br />of this deed oftmst. <br />20. Reconveyance. When the obligation secured by this decd el trust has been paid, and Leader has no further obligation to make advances under the instruments or <br />ogee cuts secured by this decd offast due I rustic shall, upon written request by Pat Lander, nesevey the bust properly. The Lender shall deliver N the Borrower, or to <br />Borrower's successor in interest the bust deed and the note or other evidence of no obligation so satisfied. Borrower shall pay any recordation costs . <br />21. Successor Trustee. Lender, at Lender's option, may remove Trustee and appoint a successor trustee by first, mailing acopy ofthe substitution oftnatee as required <br />by applicable low, and then, by fit ing the substitution UI' trustee for record in the office of register of deeds of each county In which the text properly, or some part <br />thereof, is situated. Ihc successor trustee, without conveyance ofthe property, shall sncoeed in all the power, duties, outherty and title oftho'fmstecnamed in the deed of <br />con and of any sues.... grams. <br />