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COVENANTS 200211302 <br />1. Payments. Borrower agrees to make all payments on the secured debt when due Unless Borrower and lender agree otherwise, any payments Lender receives from <br />Bmroweror for Burrowers benefit will be .,tied first to any amounts Borrower owes on the secured deblexcimi,e of interest or principal, securW m let uest and thus to <br />principal If partial prepayment of the secured debt levers for any reason, it will my reduce or excess, my scheduled payment until the secured debt is paid in full. <br />2. Claims Against Title Burrower will pay all taxes, assessments, and other charges attributable to the property when due and will defend all to the property against <br />any claims which would impair the lien of this deed of trust Lender may "at, Bmmwer to assign any rights, claims or defenses which narrower may have against <br />ponies who supply labor or materials to improve or maintain the property. <br />3. Insurance. narrower will keep the property insured under terms acceptable to Lender at Bo..o,,'a a,us, and for loaders belief,_ All Insurance policies shall <br />ivdude a standard mortgage Clouse in favor of leaden Lender will he armed as loss payee or as the insured on any such mag m.w policy. Any insumned proceeds may be <br />applied, within Lender's discretion, to either the resloraliun or repair of the damaged fluently or ,e the secured debt If Lender requires mortgage insurance, Borrower <br />agrees to mnintain such insurance for as long as Lender requires. <br />4. Property. Borrower will keep the property in good welfare. and make all u uirs reamuably necessary. <br />5. Expenses. Berardi agrees to pay all lender's expenses, including reasonable anomeyi fees, if Borrower breaks any covenants in this deed of trust or in any <br />obligation severed by this dad of trust nortower will fey nhcac amoruumte Lender as pmvidd in Covenuot9o[(his dad of uvrt. <br />6. Prior Security' Interests. Unless Borrower first chains lender's written contest Burrower will not make or permit any changes to any our s-no,, interests. <br />Borrower will perform all of Borrower's obligations ender any prior mortgage, deed of lost or other se,unty agreement including Borrower's covenants to make payments <br />when due. <br />7. Assignment or Rents vad Profb. Burrower assigns to lender the rents and profits of the property. Unless Borrower and Lender have agreed olhmvise in writing, <br />Borrower may colloot and retain the ems as long as Burrower is not in default If Borrower defaults, Lender, Lender's agent or a seen appointed receiver may take <br />possession and manage Ne pmpemry and collet [he rents, Any rents Lender collects shut] be applied Brsl to the ousts cf nwrwging the properly, including court costs and <br />apomcys' in,,, commissions to carrot agents, and any other cordoody related expenses_ The remaining amount of rents will then apply to payments on the secured debt as <br />provided in Covennnt 1. <br />R. Leaseholds; Condominiums; Planned Unit Dcvdopmenb. Bo mower agrees to comply with the provisions of any leave if this deed of must is on leasehold. If this <br />deed of tryst is on a unit in a condominium or a planned unit development, Borrower will perform all of Borrower's duties under file co.enano, by laws, or mgutauons of <br />the condominium or planned unit development <br />9. Amhority of lender to Perform for Borrower. If Borrower fails to perform, any of Borrower's duties under this deed of final, lender may perform the duties or <br />cause them to be performed Lender may sign Borrower's name or pay any amount if necessary for performance. If any commuction on the pmpeny is discontinued or not <br />earned on in a reasonable manner, Lander may do whatever is necessary to pmfst leader's armily interest in the property _ This may include completing the construction. <br />Lender's failure to perform will not preclude Lender from exercising any of its o0m rights under the law or this deed oft n. <br />Any amounts paid by Leader to protect LerNer s swnrity interest will he secured by this deed of lest Such amounts will be due on demand and will bear interest tram the <br />date of the payment until paid in full at the interest rate in effect on the secured deb(. <br />10. Default and Acceleration. If Borrower fails to make any payment when due or breaks any covenants under this deed oftoas or any obligationsmurd by this deed of <br />lest or any pence mortgage or deed of mist Lender may accelerate live mutudy of the secured deb( and dammed inmrcdia(e paint of and may invoke the power of sale and <br />any other mreci printed by applicable law_ <br />11. Request for Notice of Default. It is hereby requested that topics of the notices of default end s.In be sent to each person who is a party herao, of the address of each <br />such person, as set both herein. <br />12. Power of Sale. [fine Lender ievekea the power of salt' the Trustee shall tint record in the oQird of the register of deeds of oath county wherein the lost property or <br />some pan or Navel thereof is situated a notice of default come ... ng the Infornm(ion rapmirel by law. The Trustee shall also mail collies of the antic, of default to the <br />Bonnwer, to each person who is a patty hmi and to other persons as preacribed by applicable law, Not less than one month after the Trustee records the notice of default, <br />or two months if the trust property is not in any incorporated city or village and is used in farming opemdans carried on by the toaster, the Trustee shall give public round of <br />sale to the persons and in the manner prescribed by applicable law. Toredee, without declined rot Borrower, shall sell the pmpeny at public mention to the highest bidder. If <br />uwuiral by the Fann Homestead Protection Act, Trustee shall offer the property in two someone sales as required by applicable law. 1 castle may postpone sale of all or any <br />pared of the property by public announcement at the little and place of any previously scheduled sale_ lendecor its designee maypumhace NepropenY at any calf,_ <br />Upon revere( of peymmn of th, price bid, Trustee shall deliver to the purchaser Tmaee's deed conveying the property. The reeivals contained in TNStes's deed shall be <br />prima facie cvidicrec of the wth of the statements contained (herein_ Trustee ,twit apply the proceeds of the sale in the fnllowing oNer (a),o all expenses of the sale, <br />including, but not limited m, reasowbleToastee's fees, reasonable a somety a foes and oimmten of fees: (b) to all sums secured by this deed of lest and (e) the balance, if <br />any, to the persons legally entitled to receive it <br />13. Foreclosure. At tender's nptiaq this deed ofmust may be foreclosed in the manner provided by applicable law for torceiosuo of mortgages m real property. <br />14. Inspection. Lender may enter nhc propMy to inspect it if Lenlfer Kives Burrower no(ice beforehand The nurco roes( sw(e Om wsonuble uuuse for Lenders <br />nspec(Ral <br />I5. Gmdemnatian. narrower assigns an Lender the proccous of any award or claim for damages connected with a condemmnion or other taking of all many part of the <br />propcty. Such proweda will be applied aspmvided in Covenant 1. This asegnmutt is subject to the terms army pnorsecurity agreement <br />16. Wniver. By exercising any remedy available to Lender, Lender does not give up any rights to Internal any other remdy. By not exercising any remdy upon <br />Borrower s default, Lenin does not waive any right m Inver consider the event a default if it happens again. <br />17. Joint aria Several Liability; Co- signers; So.ermm and Assigns Bound. All duties under this deal oftoast are Joint and several. Any Borrower who co -signs this <br />deed of lest but does not co -sign the underlying debt iustmmenm(s) does so only or glum mu] convey that Borrower's interest in the pmpeny m the Trustee under the tents <br />of this deed of trust. In addition, such a narrower agrees that the Lender and any other Borrower under this deed of trust may extend, modify or make any other changes in <br />the inns of this deed of oust or the secured debt without Not Borrower's consent and without releasing that Borrower from the mans of Nis deed of to st <br />The duties urd benefits of this deed oftord shall hind amt benefit successors and assigns of lender and Borrower. <br />IR. Notice Unless otherwise required by law, any notice to Bonowcr shall be given by ddivcnng it or by mailing it by crnificd mail addressed to Borrewcr at me <br />property address or any other address that Borrower has given In Lander Borrower will give any notice to Lender by certified mail to Lender's address on page 1 of this <br />deed ofunit, or to any other address, which Lender has designated. A,.,her arrive 1. Lord,, shell be sent to Lender's address as stated on page l ofthis deed oftnm_ <br />Any noble shall be deemed w have been given w Ban.wer ur Lender when given in the manner stated above <br />19. Transfer of flue Property or a Benencial Interest in the Borrower. Wall or any pan of the property or any interest in it is sold or mmnsfo red without the Lender's <br />prior wnucal consent, lender may demand immediate puymen( of (he secured debt tender may also demand inno deste payment if the Borrower is not a natural person and <br />a beneficial interest in the Borrower is sold or tmnstened. However, Lender may net demand payment in the above aimati... if it is prohibited by fderal law as of the dale <br />of this deed of ens(. <br />20. Reconvevaaee. When the obligation scoured by this deed of trust has been paid, and Lender has no further obligation to make advances under the instruments or <br />agreements secured by this deed of trust We Trustee shall, upon won't, request by the Leader, re convey the lmct pmpeny_ The Lender shall deliver to the Bonnwer, nr m <br />Borrower's successor in interest, the most decd and the note or other evidence of the obligation so satisfied, Borrower shall pay any recorda(loo costs_ <br />21. successar'1'r.stee. Lender, alleader'a option limy mnove Trrsme rend appointnsmceewrVUetce byfimt mailingacnpy of,M1e suha,im,inn nf,rvaee as reyuimvl <br />by applicable law, and then, by filing the substitution of roster for rewN m Ncoffice ofthe regir[er of ded, of ouch county in which the plat property, or some put <br />( rcuor is si4wted. The suwes mr uvsto,, without conveyance of the pmpeny, shall succeed to all the Lower, duties, authority and tide of the Trustee named in the deed of <br />toast and of any successor taster <br />