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COVENANTS 200211398 <br />1. Payments. Borrower agrees to make all payments on the summed debt when due Unless Boruwer and fanner agree otherwise, any payment, Lender removes from <br />Borrower or for Borrower's benefit will be applied first to any amounts Borrower ewes on the secured debt exclusive of interest or principal, second to inters,, and then to <br />principal Epartial prepayment ofthe secured debt occurs for any reason, it will net reduce or excuse any scheduled payment until the swum debt is paid in full. <br />2. Claims Against Title. Borrower will pay all taxes, assessments, and other charges annbutable to the property when due and will defend title to the pmpeny again, <br />any claims which would impair the lien of this deed of oust Lender may doctrine Borrower to assign any rights, claims m defuses which Borrower may have against <br />panics who supply labor or materials to improve or maintain the property. <br />3. ansuran -. Bmrowu will keep the pmpury insured trader inns acceptable to Larder at Borrowet's expense and for Lender's benefit- All Insurance policies shall <br />include a standard mortgage clause in favor of Lended Leader will be named as Into payee or as the insured on any such insurance policy. Any insurance proceeds may be <br />applied, within Lender's discretion, to either the restoration or repair of the damaged pmpeny or to the secured debt If Iender inquires mortgage insurance, Borrower <br />agrees to maintain such insurance for as long as Lender in,mics. <br />4. Properly. Borrower will keep the property in good condition and make all repans reasonably ne.:essar, <br />5. Espouses- Bmruwer agrees to pay all Lender's expenses, including reasonable attorneys' fees, if Bonawer breaks any wvenunts in this deed of trust or in any <br />obligation succeed by this deed ofmust. Borrower will pay these amounts to footloose provided in Covenant 9 of this deed difficult. <br />6. Prior Security Intervals. Unless Barmano, must obtains Lender within contest, Borrower will not make or permit any changes to my prior scommy interests. <br />Borrower will peffi rrn all of Borrower's obligations under any prior mortgage, deed inferno cr other security agreement, including Borrower's covenants to make payments <br />when due <br />7. Assignment of Rents sad Profits. Borrower assigns to Lender the rents and profits of the property. Unless Borrower and Under have agreed otherwise in writing, <br />Borrower may collect and retain he cents as Inn, as Burrower Is not In default If Borrower defaults, Iender, lender's agent, or a court appointed receiver may take <br />pussessin. uad manage the progeny and oduct the rents. Any rcnta Lender collects shall he upplied first to the costs of managing the property, including court costs and <br />attorneys fees, commissions m rental agents, and any Aber necessary related expenses. The remaining amount of rents will then apply to payments on the secured debt as <br />provided in Covenant 1. <br />A. Lnsehelds; Condominiums; Planned Brits Developments. Burrower agmas m comply with the provisions of any lease if this deed of oust is on lnsehold If this <br />deed of had is on a unit in a condominium or a planned unit development, Burrower will perform all of Borrower's duties under the covenants, by laws, or regulations of <br />the condominium or planned unit development. <br />9. Authority of Lender to Perform for Borrower. If Burrower fails to perform, any of Borrower's duties under this deed of most. Linder may perform the duties or <br />tause them to be p srfomred. Lender may sign Borrower's name or pay any amount if necessary for performance. If any construction on the property is discontinued at not <br />rred on in a reasonable manner, lender may der whatever is neowsm, to protest Lenders security interest in the property. This may include completing due construction. <br />Leader's failure to perform will net preclude Leader from exercising any of its other rights under the law or this deed of oust. <br />Any amounts paid by Lender to protect Lender's security interest will be secured by this deed of cost Such amounts will he due on demand and will hear inowsm from the <br />date of the payment until paid in full at the intcwsct ram in effect on the secured debt. <br />10. Defaultand Acceleratmm If Burrower fails to make any payment when due or breaks any covenants under this deed ofmust or any obligation seemed by this deed of <br />must or any In mortgage or dear of oust, Lender may accelerate the maturity of the scoured debt and demand immediate payment and may invoke the power of sale and <br />any other comedies pennc ad by applicable law. <br />11. Raqucal for Notice of Default. It is hereby requested thst copies of due notices of default and sale be sent to each person who is a patty hereto, at the address of each <br />such person, as set torah herein. <br />12. Power of Sales If the Lender invokes the power of ale, tha Trustee shall first word in the office of the register of deeds of each county wherein the most property or <br />some pan or parcel thereof is situated a notice of default containing the information reyuhed by law- The Trustee shall also mail copies of the notice of default to the <br />Borrower, to each person who is a party l esto, and to oil,u persons as proscribed! by applicable law. Nom less than one month after the I ensure records the notice of default, <br />or two months ifthe most property is not in any incorporated city or village and is used in tanning opemtiore carved on by the musmq the Trustee shall give public notice of <br />sale to the cars no, and in the manner proscribed by applicable law. Trustee, without demand or Borrower, shall .cell the property at P.bit, auction w the highest bidder. If <br />requited by the Farm Homestead Protection Act Trustw shall offer the property to two Noisome isles as required by applicable law. 'fm,cc mey postpone sale of all m aoy <br />partial ofthcpropcny by public annoanermartat thctimc and place ofany previously scheduled sale. Lender or its destgnee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trus en's dead conveying the property. The mainly contained in Trustee's dead shall he <br />prima facie evidience of the truth of the statements contained therein. Trustee shall apply the proceeds of the sale in the fdlowing order. (a) to all e.wm-, of the sole, <br />including hot not limited m, reasonable Tr roe's fees, reasonable anon..... fees and reidsomorent fees; (b) to all sums scouted by this deed of trust, and (c) the balance, If <br />any, to the persons legally cntnled to wative it. <br />13. Faced asure. At founder's optlmt(his deed oftmst maybe foreclosed in the marmnprovided by malicaed,lawforforeclosure ofinengagesonmalpropedy <br />- <br />14. Inspection. lender may enter the property to inspect it if leader gives Borrower notice beforehand. Tine police mint site the drasorsblc cause for Lender's <br />mpaohon. <br />15. Condemnation. Bodowet assigns to Lender the proceeds of any award or claim for damages connected with u condemnation or other taking of all or any pan of the <br />property. Such proceeds will be applied as provided in Covenant 1. This assignment is subject to the terms army prior security agreement. <br />16. Waiver. By exuaadog any annedy available to Lender, Lender dues not give up my rights to later use any other comedy. By not examering any remady upon <br />Borrower's default, Leader does not waive any right to later consider the event a default if it happens again. <br />17. Minimal Several Liability; Co- signers; Successors and Assign Hoped. All duties under this deed oftmst are joint and several. Any Bmmwer who co -signs this <br />deed of tin, but does not co -st,n the underlying debt monuments) does so only to grant and convey that Bo rroo is interest in the pmpury In the Trustee under the terms <br />of this deed of must In addition, such a Borrower agrees that the Lender and my other Borrower under this decd official may oxtend, modify or make any other changes in <br />the toors of this deed of must or the secured debt without that Borrower's consent and without releasing that Borrower from the tones of this deed of toot. <br />The duties and benefits of this deed of mo, shall bind and benefit the succcssore and assigns of Lender and Borrower. <br />IA. Notice. Unless Otherwise required by law, any notice to Borower shall be given by delivering it or by mailing it by cmdual mail addressed to Borrower at the <br />property address or any other address that Borrower has given to Lender. Borrower will give any notice to Under by codified mail no Leader's address on page I of this <br />deed of most, or to any other address, which Leader has designated. Any other notice ho Lender shall he seat in Lender's address es stated on page I of deed of trust. <br />Any notice shall be deemed to have been given to Borrower or Leader when given in the manner stated above. <br />19. Transfer of the Property or a Beneficial interest to the Borrower. if all or any pan of the property or any animal in it is sold or transferred without the lender's <br />prom written consent, LCndcr may demand immediate payment of the secured debt Lender may also demand immediate payment if the Bennis ca is net a natural person and <br />a beneficial interest in the Borrower is sold m moesfrded- HOweveq Iender may not densad payment in the above rila or, if it is prohibited by federal few as of the data <br />of the, deed of hint <br />20. Reei oveynnce. When the obligation secured by this deed of art has hewn paid, and Lender bra no futon obligation to make advances under the instruments or <br />agreements scoured by this decd of tin,, the Tmstca shall, upon written request by the Lender, reconvey the cost pmpeny. The Lender shall dewed to the Bormwea or to <br />Borrower's successor in interest, the tin, deed and the nom Or other evidence ofthe obligation so sotiatual Burrower shall pay soy recordation costs. <br />21. Successorlininfice. Unfair, at Lenders option. may remove Trustee and appoint a suwessortmsme by first mailing a copy ofthe substitution ofwwee as required <br />by applicable law, and then, by filing the substitution of trustee for record in the office of the register of deeds of each county in which the tryst property, or some part <br />thereof is sihatel- The ,awes... (mdse, without conveyance of the property, shall succeed to all the power, duties, authority and title of the Trustee named In the deed of <br />most and of any successor trustee. <br />