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COVENANTS 200212983 <br />I. Payments. Borrower agrees to make all payments on the secured debt when due. Unless Remover and Lander agree othpnvisq any payments lender receives fiom <br />Borrower r sr Borrower's benefit will be applied first to any amounts Borrower now on the seemed debt exduvve of interest or principal, second Interco, and then s <br />principal If partial prepayment ofill, secured debt odours for any reason. it will not reduce or excuse any scheduled payment until the secured debt Is paid in full <br />2. Claims Against 'I file Borrower will one all taxes, assessments, and offer charges attributable to the property when due and will defend title to the property against <br />any claims which would Impair the lien 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. Insurance. Borrower will keep the property insured under oommx acceptable he Lender at Borrower's expense land for Lender's benefit All Insurance policies shall <br />include IS standard mortgage clause is favor of Lender. Lender will be named as loss payee or as the insured on any such insurance policy. Any insurance proceeds may be <br />applied, within Lender's discretmh, In either the restoration or repair of the damaged property or to due secured debt If Lender requires mortgage insurance, Borrower <br />,rev, to maintain suet insurance for as long as Lender modules. <br />0. Property. Borrower will keep the property in good condition and make all repairs reasonably necessary _ <br />5. Expenses. Borrower agrees to pay all Lender's expenses including reasonable atiomeys' fees, if Robinson breaks any covenants in this deed of trust or in any <br />obligation secured by Nis deed effort. Borrower will pay these antount, to Iander as provided in Covenant 9 of this deed oftmst. <br />6. Prier Security Interests. Unless Borrower first obtains Lender's written contest Borrower will not make or permit any donnas many prior security interests. <br />Borrower will pufern, all of Borrower's obligations ender any prier mortgage, deed oft rust or offer security agreement including Borrower's covenants to make payments <br />when due. <br />7. Assign many of Rents and Profits. Borrower assigns to Lender the now and profits of the property . Unless Borrower and lender have agreed otherwise in writing, <br />Borrower may, collect and retain the rents as long as Borrower is not in default If Borrower defaults, lendsµ Lenders agent or a court afternoon receiver may take <br />posse¢fon and manage the properly and col test ihc rents. Any rents Lender collects shall be applied first to the costs of managing the property, including coon vests and <br />anomcys' teas, commissions to rental agents, and any other necessary related expenses. The remaining amount of rents will then apply to payments en the secured debt as <br />provided in Covenant I. <br />8. Leaseholds; Condominiums; Pla tined Unit Developments. Borrower agrees to comply with fie provisions of any lease if this deed of trust is on leasehold If this <br />deed of trust is on a unit in a condominium or a planned unit development, Borrower will perform all of Borrowers 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 perform, any of Borrower, duties under this deed of trust Lender may perform the duties or <br />use them to be perrermed. Lender may sign Borrowers name or pay any amount if necessary for performance If any construction on ffeproperty is discontinued or not <br />carried on in a reasonable manner, Lender may do whatever is necessary to prompt Lender's security interest in the property. This may include completing the construction. <br />Lender's failure to perform will not preclude Lender hom exercising my of Its offer rights under the law or this deed of mast <br />Any amounts paid by Lenders protect Lender's severity, interest will be secured by this deed of trust. Such amounts will be due on demand said will bear interest from the <br />data ofthe payment until paid in full at the interest rate in crfact on the secured debt. <br />10. Default and Accele ration. if Borrower fails to make any payment when due or boost any covenants under this deed of trust or any ON igation secured by this deed of <br />trust or any prior mortgage or deed of mast Lender may accelerate the maturity or the secured debt and demand immediate payment and may invoke ds power of sale and <br />any other remedies permitted by split usable law. <br />IL Request for Notice of Default. It is hereby requested that paper, of notices of default and sale be son( Or each person who is a party been, at the address of eact <br />such person, as set forth herein. <br />12. Poweref3ale. lfthc Lender invokes the power ufsale, fie Trustee shall first recoN in die office ofthe register of deeds ofeach county wherein the trust property or <br />some pan or parcel thereof is situated a notice of default containing the information required by law. The Trustee shall also mail copies of the notice of default to the <br />Rorrower, to each person who is a parry, hereto, and to other persons as prescribed by applicable law. Not less than one month after the Trustee records the notice of default, <br />or lino months if the most Property is not in any ifro rpomted afty or village and is used in Coming operations carried on by the mussr, the Trustee shall give pull lc notice of <br />sale to the persons and In the manner prescribed by applicable law. 'fmstecG without demand on Borrower, shall sell the property at public auction to the highest bidder. If <br />required by me Latin Homestead Protection Ad, Trustee shall offer the property in awe separate sales as required by applicable law. Trustee may postpone sale of all or nay <br />parcel of the property by public announcement at the tome and place of any previously scheduled sale_ Lender or its designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the property. The menials contained in Traded's deed shall he <br />prima foie evidimer of the bath of the statements cautioned therein. 'frustce but apply the proceeds of the sale in the following order; (a) to all expenses of the sale, <br />including, but not limited s, reasonable Trustee's fees, reasonable attorney's fees and reinstatement fees; (b) to all sons secured by this deed of trust, and I,) the balance, fl' <br />any, to the persons legally entitled to precise it <br />13. Foreclosure. At Lender's option, this deed of trust may be foreclosed in the manner provided by applicable law for foreclosure of mortgages on real property. <br />14. Inspection. Lender may enter the prop" to ansi cent it if Lender gives Borrower notice beforehand. The notice must state the reasonable cause for Lender's <br />inspection. <br />15. Condemnation. Borrower assigns to Lender the proceeds of any award or claim fordamame, connected with a condemnation or other taking rated or any pan ofthe <br />property . Such proceeds will be applied as provided in Covenant 1. This assignment is subject to the terms of any prier security agreement. <br />16. Waiver. By exercising any comedy available to Lender, Lender does not give up any rights to later use any other remedy_ By net exorcising any records upon <br />Borrower's default Lender does not waive any right to last consider the event a default if it happens again. <br />17. Joint and Several Liability; Cu- signers; Successors and Assigns Bound. All duties under this deed of trust are joint cord several. Any Borrower who co -sinus this <br />deed of tree[ but does not m -sign the underlying debt instrumcnts(s) does so only s grant and convey that Borrower's in joint <br />in the property m the Tmsee under the stets <br />of this deed afraid. In addition, such a Borrower agrees that the Lender and any other Borrower under this deed entrust may extend, modiy or make any offer changes in <br />the terms efthis deed or must or the secured club( witi orftthat Bomewer's consent and without releasing that Borrower from the terms efthis deed of trust <br />The buys, and benefit of Nis deed of trust shell hind and benefit the successors and assigns of Lrcdac Aid Borrow—_ <br />18. Notice. Illness otherwise required by law, any notice to Borrower shall be given by delivering it or by mailing it by certified mail addressed to Burrower at the <br />property address or any other address that Borrower has given s Lender Borrower will give any notice to Lender by paddled mail In Lender's address on page 1 efthis <br />deedoftrua, or to may offer address, which lender has droltuded. Any other notice to I ends, Shall be scut to Lord,,, address as stated on page l of fit, deed ofinnt. <br />Any notice shall be deemed to have been given to Borrower or Lender when given in the manner stared above. <br />19. Transfer of the Property or a Beneficial Interest in the Borrower. If all or any part ofthe property or any interest in it 11 sold or transferred witmm the Lender's <br />prior written consent Lender may demand immediate payment ofthe secured debt. Lender may also demand immediate payment ifthe Borrower is not a natural person and <br />a beneficial interest in the Borrower is sold or transferred. However, Lender may not demand payment in the above situations ifat is prohibited by federal law as ofthe data <br />of this decd of must. <br />20. Reeonveyanee When the obligation secured by this deed of trust has been paid, and Leader has no CrBmr obligation to make advances under the instruments or <br />agmem day m secured by this deed oftmst are Toaster shall, upon written request by the Lender, reeonvey the trust proton, The Lender shall deliver to the Borrower, or to <br />Borrowers stir sect in interest the mast deed laid the note or other evidence ofthe obligation so satisfied. Borrower shall pay any recordation costs _ <br />21. Successor Trust,,. leader, at Lender 'soption, may remove Tnistee and appoint a successor trustee by first mailing a copy ofthe substitution of trustee as required <br />by applicable low, and then, by tiling the Substitution ofnusse for record in the office ofthe register ofdeeds of each county in which the lost property, or some pan <br />thereof, is situated. The successor tnrsme, without conveyance ofthe property, shall succeed to all the power, duties, authority, and title of the Trustee named In the deed of <br />trust and of Jny successor hill <br />