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(OVEN.ANTS 200210664 <br />1. Payments. Borrower agrees w make all payments on the secured debt when due. Unless Borrower and Lender agree otherwise, any payments Lender receives Rom <br />Borrower or for Borrower's benefit will be applied first to any amounts Borrower owes on the secured debt exclusive of interest or principal, second. inmren, and then to <br />principal. If partial prepvymen[ of the seared deb[ occurs for any rennin, it will not reduce or expire vny orJheduled puynrcm unfit lbe seuvrW Jrbl is paid in full. <br />2. Claims Against Title. Borrower will pay all taxes, assessments, and other charges attributable to the property when due and will defend title to the property against <br />v claims which would impair the hen of this deed of nest Lender may require Borrower to assign en) oghix, claims or der se, which Borrower may have against <br />parties who supply labor or materials to improve or maintain the property. <br />3. Insurance. Borrower will keep the pope. insured under terms acceptable to Lender at Borrower's papoose and for Lenders benefit. All Insurance pollcics shall <br />include a standard mortgage clause in Color of Lender. Lender will be manned o loss payee or as the insured on any such insurance policy. Any Insurance proceeds may be <br />appllpd, within Iander's dkenctlnq to either the restoration or repair print, damaged imports or to the secured debt. If Lender requires mortgage insurance, Borrower <br />agrees to nminlain such insemnce for as long as Lender requires. <br />d. Property. Borrower will keep the propmy in good condition and make all repairs reasonably necessary. <br />S. Expenses. Borrower agrees to pay all Lender's expenses, including reasonable aanmeys' fees, if Borrower mi any covenants in this deed of trust or In any <br />obligation second by this deed oftmst. Borrower will pay these amounts to Lender as provided in Covenant 9 ofthis deed oflm,t. <br />6. Prior Semwity Interenu. Ilnlexs RO... cc first amons I.ender'e written earnest, Borrower will not make or permit anv charges to any prior security interests. <br />Brouwer will "rum' all .f BOrowers.bligafion. nndcran, prior nmdgage, deed official, or other security agreement, including Borrower s covenants to make payments <br />when due. <br />7. Assignment of Rants and Profits. Borrower assigns to Lander the rent and profit' of tile property. Unless Borrower and Lender have agreed otherwise In writing, <br />Borrower may collect and retain the rents as long as Harrower is not in default, If Borrower defaults, Lender, Lender's agent, or turn opulnted receiver may take <br />possession and airtime the pmpeny end collect the rents Any rents Lender pollees shall be applied first to the costs of managing the property, Including waft costs and <br />attorneys' fees, cvnuar,,on, to retrial agents, and any carer necessary related expenses The remaining amount ofrcros will then apply W payments on the secured debtas <br />provided in Covenant 1. <br />S. Lefu thrlds; Condominium,; Planned Omit Developments. Borrower agrees to amply with the provisions of any Ical if this decd of trust is an leasehold. If this <br />deed of trust is on a unit in a condominium or a planned unit development Borrower will perform all of Rnrrnwer', duties Order the covenants, by laws, or regulation, of <br />the fundcomminn or planned unit development. <br />9. Authority of Lender m Perform for Borrower. If Borrower fells in perfomh, any of Rnrmwer's duties made. this deed of oust Lcndm may perform the duties or <br />se them to be performed. Lender may sign Borrower's nameOrpay any untouni if necessary for performance . If any construction on the properry Is discontinued or not <br />council on In a reasonable manner, Lender may do whatever is necessary to protect Lender's security interest in the property . 'this may Include completing the consvucfipn. <br />Lender s failure to perform will not preclude Lender from exercising any of its other rights under the law or Nis dad clause. <br />Any amounts paid by Lender to protect Lender's security interest will be epurd by Nis deed oftmst Such amounts will be due on demand and will boar Interest from the <br />date ofthe payment until paid in full at the interest rate in effect on the secured debt. <br />10. Default .,N Acceleration. If BOrfowr foils to mode any payment when due or breaks any covenants under this decd of trust or any obligation secured by this decd of <br />trust or any prior mortgage or deed of lust, Leader may accelerate the maturity ofthe secured debt and demand immediate payment and may invoke the power of site and <br />any other remedies permitted by applicable law. <br />11. Alfonso for Notice of Default. It Is hereby requested that copies of the notices ofdefault and sale be vent to cash person who is a patty hereto, at the address Of each <br />such personas set forth herein <br />12. Power of Sale. If the Under Invokes the power of sale, the Trustee shall first record In the office nhhe mgiger of deeds of each county wherein tla cost prop,rtyor <br />come pmt or parcel thrcof to situated a notice of default containing the Information require! by Ims. 'I he I'ustcc shall also mall copies of the notice of default to the <br />Borower, to catch person who is a parry hereto, and to other persons as prescribed by applicable law_ Not less then ant month after the Trustee records the native of default <br />or two months ifthe must property is not in any incurporaled city or village and is used in farm'mg operations carried on by the lrostom the Trustee shall give public notice of <br />sale to the persons and in We nnanmr prescribed by applicable law. Twtee, without demand on Bormwer, shall sell one progeny at public auction in the highest bidder If <br />required by the Farm Homestead protection Act, 'I rusty shall offer the property in two separate sales as required by applicable law. Trnstee may postpone sale afall or any <br />parcel ofiho propcny by public anrmmccmem at time and place ofery previously scheduled s ale tinder or its designee may purchase the property, at any sale_ <br />Upon receipt of payment of the price bid, Trustee shall deliver in the purchaser Trustee's deed conveying the property- The matials contained in'I'fi alcc s decd shall be <br />room Facie evidieme of Ne wW or till steer neat, contained therein. Trustee shall apply the proceeds of NC sale In the following order. (a) to all expenses of the sale, <br />including, but not limited to, rcasonablc Trustee s fees, reasonable attorney's fees and reinstatement fees; (h) no all sums seared by this decd of trust and (c) the balance, if <br />any, to the persons legally entitled to receive it <br />13. Foreclosure. At Lcndcr' s option, this deed oftrust may be foreclosed in the manner provided by applicable law for foreclosure ofarongages on real property. <br />14. Inspection. Leader may enter the property to inspect It if Lender gives Borrower notice beforehand. Thr nonce most state the rersonable came for Lender's <br />nspmtlen <br />15. Confederation. Borrower assigns to Lender the proceeds of any award nr claim to, damages snowed with a condemnation or odor nuking of all or any pan of the <br />propea ty. such in ecc,ds will be applied as provided in Covenant I. This assignment is subject to the terms of any prior security agreement. <br />16. Waiver. By exercising any remedy available In Iandet Lauder does not give up any rights to later use any other remedy. By not exercising any remedy upon <br />Borrover'o default Lender dues not waive any right to later consider the event a default Bit happens again. <br />17. Joint and Several Liability; Co- signers-, Story ... ra and Assigns Bound. All duties under Nis decd of bust arejoint and several. Any Borrower who co-signs this <br />decd of trust but does not cc -sign file underlying debt Insauments(s) does so only to grant and convey that Borrower's interest in the proprty to the Trustee under the terms <br />of phis deed of trot in sti such a Borrower agrees that the Lender and any other Brrruwer under this deed cf trust may extend, ..city or make any other changes in <br />the terms of this deed of Bull or the soured debt without that Borrower s consent and without releasing that Borrower from the terms ofthis deed of trust <br />The duties and benefits of this deed oftrust shall and and benefit the successors and assigns of lender and Borrower. <br />19. Notice. Unless otherwise required by law, any notice to Borrower shall be given by delivering it or by mailing it by certified mail addressed to Borrower at the <br />property address or wry other address that Borrower has given to Lender. Borrower will give any notice to Lender by comfort mall 1. Lender's .kills, on page I of may <br />deed of trust, or to any other address, which Lender has designated. Any other notice m 1, ender shall he sent to Lenders address as stated on page l of this dad oftrust. <br />Any notice shall be deemed to have been given to Borrower or Lender when given In the manner stated above. <br />19. Transfer of the Property or n Benelminl lueertst in the Burrower. If it or any part of the propcny or any interest in it is sold or Imafhrred without the Lender's <br />prior written consent Leader may demand Immediate payment of the secured debt Lender may alsa demand immed'mte Fairyland If the Burrower is not a natural person and <br />a heneficisl in¢rpit In the Borrower is sold ur nomfic red. However, Leader may not demand payment in the above situations if it is prohibited by federal law as ofthe date <br />Of this deed of trust <br />20. Reeonveyance. When the obligation secured by do, deed .1 trust has been paid, it Lender has no further obligation to make advances under the Iastrannents or <br />agreements secured by this decd of trust, the Tmsmc shall, upon writes request by the I ende, evervev the toot property. The Lender shall deliver to the Borrower.. or m <br />Bonn", , aacnsoor in Imeaesp the trust deed and the note in ether evidence of arc Obligation so satisfied. Borrower shall pay any recordation cost. <br />31. Successor Trustee. Lender, at Lenders option, may remove Trustee and appoint a sale esson trustee by first, mailing a copy of the substitution oftmstee as required <br />by applicable law, and then, by filing the substitution collusive lot record in the office ofthc register otduds of each county in which the trust property, of some port <br />thereof; is situated. The successor trustee. without conveyance of the pmpeny, shall succeed to all the powe, duties, minority and title of the trustee named in the deed of <br />run and of anv successor muscle. <br />