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COVENANTS 200214349 <br />1. Payments. Borrower agrees to make all payments on the secured debt when due. Unless Borrower and Lender agree otherwise, any payments I coder receives boon <br />Borrower no for Bmmwer's benefit will be applied first to ony amounts Bermain owes on the secured debt exeloroVY of interest or principal, Saond r imcred, and then to <br />principal. I[partiul prcpoymenf of Ne rwuml debt ocean for ony reason, it will not rctlucc or excuse any echNUlcd payment until the secured deb[ is paid in PoII. <br />2. Claims Against Tide. Bormwei will pay all taxes, assessments, and other ulmrges adnbutuble to the property when due and will defend tit, to the property against <br />any claims which would impair the lien of this dad of trust. Under may require Borrower to assign any rights, claims or defenses which Romow, may have against <br />parties who supply labor or materials to improve or maintain the pmpeny. <br />3. Insurance. Borrower will keep the propcny insured order terms acceptable to Lender at Borrower's expense and for Tendada henefit. All Intactness policies shall <br />include a standard mortgage clause in favor of Lender. Lender will he named at loss payee m as the insured on any such insurance policy. Any insurance proceeds may be <br />applied, within Iend,'t discretion, to either the i"Wromll m repair of "re damaged pmpe "y or to the secured debt. If Lender requires mortgage insurance, Borrower <br />agrca to maintain such insumenc for as long as Lender require. <br />q. Property. Bonnwer will keep the pmpall in good emdttled and make all repairs rewmrbly necessary. <br />5. Expenses. Borrower agrees to pay all Iender s expenses, inoludiug rensmnad, urrrda,, fan, of Borrower breaks any covenants to this deed of must m in any <br />obligation seemed by this most ofnust Sol knot, will pay Wes, arcane, to Lender as provided in Covenant 9 ofthis decd of must <br />6. Prior Seaorlry lnrereata. Unless Borrower first obtain, Undeds wriaeo comes, Bmrmon will not make or permit any changes to any prior security interests. <br />Borrower will perform all of Borrower's obligatims node, any prior mortgage, deed of test or other security agreement, including Borrower's covenants to make payments <br />when dote <br />]. Assignment of Rents end Profits. Borrowe...signs to LuWer the suns and profits of pmpeny. Unless Borrower dad I code, have agreed otherwise in writing. <br />Bonnwer may enllent and retain the inns as long as Borrower i, not in default If Burrower deficits, Icede,, Lenders agent, or a eau" appointed receiver may take <br />possession and mnume, the pmpn, and railcar the rents. Any rents Lender collects shall be applied rim to the costs of managing the pmpeny, including court costs mid <br />e"omcys few, commissions m rental ag,ts, and any colors nest —or, related expenses. The remaining amount of rents will then apply to payments on the secured debt as <br />provided in Covenant I. <br />g. Leaseholds; Condominiums; Planned Unit Developments. Borrow, agrees to comply with the provisions of any lease if olds dad of trust is on leasehold. If this <br />deed of tees, is or a nor in a condominium or a planned unit development, Borowcr will perform all of Poll rover's duties under the covenants, by laws, or regulations of <br />the vain m murk or planned unit development <br />9. Authority of Leader to Perform for Borrower. If Beall fails Or pctf�nn, airy of Bell rover s duties under this deed of trusq lender may perform tine duties or <br />use them to be pMOnned. Lender may sign Borrower's rte ire er pay any mnount if necessary for perfo moms, If any construction on the pmpeny is diacontauud or not <br />tamed on to a reasonable manner, I lad, may, des whatever I, necessary he protect Lender's sa my imelest in the property- This may include completing the construction. <br />Lender s failure to pcforrn will not preclude Leaderfrom exercising any Of its other rights under the law or this deal of trust <br />Any ammmts paid by Calder to protect Under s sccunry interest will he seemed by this deed of must Such amoums will be due on demand slid will bar, ordered( from me <br />date of the payment until paid m full at the interest ate io effect tar the xecand debt. <br />10. Default mid Acceleration. if Borrower fails to make any paynned when due or breaks any covenants under this deed ofoust or any obligation secured by this decd of <br />oust or any prior mortgage or deed of omst, lender may scodem W We maturity of the secured debt and demand inanedime payment and may invoke the power of sale and <br />any other remedies permitted by applicable law. <br />1L Request for Notice of Default. hisher ....sited Omt copies ofhe notices of defauh andsale be sad to each person who is a party herein, at the address of each <br />such person, as set both herein <br />12. Power of Sale. If the Lender invokes the power of sale, the Pons[, shall first recom to the office of the register of of each county wherein Ne Imes, property or <br />some pan or parcel thereof is situated a notice of default crinaming the infmmatimr requred by law. The Trustee shall also mail mile, of the modes of default m the <br />Borrow, to each prime who is a party Mmto, and r .the, pecans as ,,rs,..bi d by applicable law. Not loss than one month after the l'hustec records the notice of deboo , <br />01 too lanoth, I f the I tralt propeny is net ' y' 1. htaicit, 0. - v, I og andI. oil in burning operations car led on by the rmetor, the Trustee shall give public notice of <br />sale m the pe sons and in the ter presedbed by upplicablc to . Tmaee ..floall d mid on Br rower, shit 11111 the pmpeny at public cartoon to Nc highest bidder if <br />required by floe Finn Hod alead Protedton Art, Trustee shall offer rho pmpeny in two separate sales as required by applicable law. Tmstcc may postpone sale of all or a , <br />parcel of the pmpeny by public announcement at ill, dine mW place of any previously scheduled sale. Lord,orir, designee may purchase the property at any sale <br />Upon receipt of payment of the price bid, Trustee shall deliver W die putehmal l rmcce a deed conveying file property. The recitials contained in Trostce's deed shall be <br />prima finite evidence of he It of kill statement, mmakind therein Trustee shall apply tile plouncelis of the It. in the following order. (a) to all expenses of the sale, <br />including, bid lot I' n tai to, vertical Pounce s loos, reasonable zeric, s fees and mmstanmene fens; (b) to all suns secured by (his deed oftmst, and (e) he balance if <br />any, W the person, legally entitled to receive it <br />13. Pa. twiosna At Leaders option, this deed oRmstmay be havelosed to the manger provided by applirshle, law for foreclosure ofmongages one real property. <br />14. Inspection. Lender may arc die pmpary to inspect it if Lender gives Bommwa notice beforehand The notice taus, lot, the oloccablc cans, for Lender's <br />inspection. <br />15. Condemnation. Borrower assi,km to Lender the poceds of any awaul or claim for damages connected with a condemnation or other taking of all or any part of the <br />property. Such proceeds will be applied as provided in Covenant L Tlm asttgnment is subject to the mans ofamy prior security agreement. <br />16. Waiver. By exercising any rnnedy available to Lender, Lender does not give up any rights to later use any other remedy_ By not exercising any remedy upon <br />Dartmoor's default Lender does not waive any right m lot, consider Ne evert a default II it happens again. <br />17. Joint and Several Liability; (hesitations; Stecessars and Assigns&ond. All done, code, his deed of nos are jour and reveal. Any Borrower who co -sigrn Nix <br />deed of oust but does or eo -sign the underlying del" not enls(s) does so only to gam and convey that Forenoon', im¢rest in the property to the Thistlee under the terms <br />of this deed of trust In addition, such a Bareowcr 111. that the Lend, and any other Borrower Under tills decd of mark nay extend, modify or make any other ehanga in <br />Ne Ice,, of this deed of thus or the eauted dehl wirbmn that Bell -1- 1 consent and withnur releasing that Burrower Wm the tonne ofthis deed of frost. <br />The dotes and benefits of his devil of wtil shall bind and worth the succrosuo and assigns of Under and Borrower. <br />18. Notice. Unless otherwise stored! by law- any notice to Borrower shall be given by deliv,ing it or by mailing it by certified nail addressed W Borrower at the <br />property address or nrry other sAdrws that Bonnwer has given to Leder. Borrower will give any notice ro Lends by certified mat] to Lender's address on page I of Nis <br />deed.1bust,trio myothcraddmss, which lender has designated Any other notice In Lender shall be sent to Lender's address as stated on page l artists deed identical. <br />Any nonce shall be deemed m have been given r Borrower m Larder when given in the manner soared above. <br />19. Transfer of the Property On in Beneficial Interest in the Borrower. If all m any pan of the property or any Inm eA in it n sold or transferred withnm the Larder's <br />wr itheo coal Under may demand immediate pvymern Of rho secured debt Under a y ] dtaraild nonesuch, payment if he Bloomma is no( u normal person and <br />bodeficial interest- in the Borrower mid or loam @ref. However. Lender may net demand payment in the above sithatimv, if it is prmdubtted by federal law as of the dare <br />of this d rA of anti <br />20. Resurvey ance, When the obligation sward by this decd of ms, has Iva paid, and 1-,der has no further obligation to make advances under flit Insfmmnns or <br />agreements eenuml by this decd of thus,, the Toccme shall, apmr written nebular by the Lender, rewnvey We Local property. The Lend, shall deliver W the Borrower, or to <br />Borrower a arecessor in tnterem he must deed and the note oroN, evidence of the obligation se satisfied Borrow, shall puy any o a ldat on critics, <br />21. Suee.,wr Trustee Unit,, err Lenders mli., ill, ourall I ' crashes, and .pp o ( 'tee by fat coaling a copy oflhe.substitnnon, oftmsda, as required <br />by applicable law, and then, by fiing the adwitionom of t stet. for rand in he office of the rcgenr of deeds of each county in which the must property, or some pan <br />Nemof;issimated. The sveceseor trustee, without con whose ofihe pmperq shall tut to all the power duties, uueronty, and tricot the Tm.Oe named in the deed of <br />mutt and ofeny successor waste, <br />