|
<br />COVENANTS
<br />
<br />200611481
<br />
<br />I. 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 />Borrowcr or for Borrower's benefit will be applied first to any amounts Borrower owes on thc secured debt exclusive of interest or principal, second to interest, and then to
<br />principal. If partial prepayment ofthe secured debt occurs for any reason, it will not reduce or excuse any scheduled payment until the secured debt is paid in full.
<br />
<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 />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 />
<br />3. Insurance. Borrower will keep the property insured under terms acceptahle to Lender at Borrower's expense and for Lender's henefit. All Insurance policies shall
<br />includc a standard mortgage clause in fllVor of Lender. Lender will be named as loss payee or as the insured on any such insurance policy. Any insurance proceeds may be
<br />applicd, within Lender's discretion, to either the restoration or repair of the damaged property or to the secured debt. If Lender requires mortgage insurance, Borrower
<br />agrees to maintain such insurance for as long as Lender requires.
<br />
<br />4. Property. Borrower will keep the property in good condition and make all repairs reasonably necessary.
<br />
<br />5. Expenses. Borrower agrees to pay all Lender's expenses, including reasonahle attorneys' fees, if Borrower breaks any covenants in this deed of trust or in any
<br />obligation secured by this deed of trust. Borrower will pay these amounts to Lender as provided in Covenant 9 of this deed of trust.
<br />
<br />6. Prior Security Interests. Unless Borrower first obtains Lender's written contest, Borrower will not make or permit any changes to any prior security interests.
<br />Borrower will perform all of Borrower's obligations under any prior mortgage. deed of trust or other security agreement, including Borrower's covcnants to make paymcnts
<br />when due.
<br />
<br />7. Assignment of Rents and Profits. Borrower assigns to Lender the rents 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, Lender, Lender's agent, or a court appointed receiver may take
<br />possession and manage the property and collect the rents. Any rents Lendcr collects shall be applied first to thc costs of managing the property, including court costs and
<br />attorneys' fees, commissions to rental agents, and any othcr ncccssary relatcd expenses. The remaining amount of rents will then apply to payments on the secured debt as
<br />provided in Covenant I.
<br />
<br />8. Leaseholds; Condominiums; Planned Unit Developments. Borrower agrecs to comply with thc provisions of any Icasc if this dced 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 Borrower's duties under the covenants. by laws, or regulations of
<br />the condominium or planned unit development.
<br />
<br />9. Authority of Lender to Perform for Borrower. If Borrower fails to perform, any of Borrower's duties under this deed of trust, 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 performancc. If any construction on the property is discontinued or not
<br />carried 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 construction.
<br />
<br />Lender's failure to perform will not preclude Lender from exercising any of its other rights under the law or this deed of trust.
<br />
<br />Any amounts paid by Lender to protect Lender's security interest will be secured by this deed oftrust. Such amounts will be due on demand and will bear intcrcst from the
<br />date of the payment until paid in full at the interest rate in effect on the secured debt.
<br />
<br />10. Default and Acceleration. If Borrower fails to make any payment when due or breaks any covenants under this dced of trust or any obligation secured by this deed of
<br />trust or any prior mortgage or deed of trust, Lender may accelerate thc maturity of the secured debt and demand immediate payment and may invoke the power of sale and
<br />any other remedies permitted by applicable law.
<br />
<br />II. Request for Notlee of Default. It is hereby requested that copies of the notices of default and sale be sent to each person who is a party hereto, at the address of each
<br />such person, as set forth herein.
<br />
<br />12. Power of Sale. If the Lender invokes the power of sale, the Trustee shall first record in the office of the register of deeds of each county whereiu the trust property or
<br />some pmt or parcel thercof is situated a notice of default containing the infon1lation required by law. Thc Trustee shall also mail copies of the notice of defilUIt 10 the
<br />Borrower, to each person who is a party hereto, and to other pcrsons as prescribed by applicable law. Not less than one month aftcr thc 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 operations carried on by the trustor, the Trustee shall give puhlic notice of
<br />sale to the pcrsons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the property at public auction to the highcst bidder. If
<br />required by the Fann Homestead Protection Act, Tlustce shall offer the property in two separate sales as required by applicable law. Trustee may postpone sale of all or any
<br />parcel of thc propcrty by public almouncement at the time and place of any previously scheduled sale. Lender or its designee may purchase thc property at any sale.
<br />
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the property. The recitials containcd in Trustee's deed shall be
<br />prima facie evidicnce of the truth of the statements contained therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,
<br />including, but not limited to, reasonable Trustee's fees, reasonable attorney's fees and reinstatement fees; (b) to all sums secured by this deed of trust, and (c) the balance, if
<br />any, to the persons legally entitled to receive it.
<br />
<br />13. Foreclosure. At Lender's option, this deed of trust may be foreclosed in the marmer provided by applicable law for foreclosure of mortgages on real property.
<br />
<br />14. Inspection. Lender may enter the property to inspect it if Lender gives Borrower notice beforehand. The notice must state the reasonable cause for Lender's
<br />inspection.
<br />
<br />IS. Condemnation. BOl1uwer assigns to Lender the proceeds of any award or claim for damages cormected with a condemnation or other taking or all or any palt of the
<br />property. Such proceeds will be applied as provided in Covenant I. This assignment is subject to thc tenns of any prior security agreement.
<br />
<br />16. Waiver. By excrcising any remedy available to Lender, Lender does not give up any rights to later use any other remedy. By not exercising any remedy upon
<br />Borrower's default, Lender does not waive any right to later consider the event a default if it happens again.
<br />
<br />17. Joint and Several Liability; Co-signers; Successors aud Assigns Bound. All duties under this deed of trust are joint and several. Any Borrower who co-signs this
<br />deed of trust but does not co-sign the underlying debt instruments(s) does so only to grant and convey that Horrower's interest in thc property to the Trustee undcr the terms
<br />of this deed of trust. hI addition, such a Borrower agrees that the Lcnder and any other Borrower under tillS deed of trust may extend, modify or make any other changes in
<br />the terms of this deed oftrust or the secured debt without that Borrower's consent and without releasing that Borrower trom thc terms of this deed or trust.
<br />
<br />The duties and benefits of this deed of trust shall bind and benefit the successors and assigns of Lender and Borrower.
<br />
<br />18. 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 tbe
<br />property address or any other address that Borrower has given to Lender. Borrower will give any notice to Lender by eertitled mail to Lender's addres~ on page I of thIS
<br />deed of trust, or to any other address, which Lender has designated. Any other notice to Lender shall be sent to Lender's address as stated on page I ofthls deed oftrust.
<br />
<br />Any notice shall be deemed to have been given to Borrower or Lender when given in the manner stated above.
<br />
<br />19. Transfer of the Property or a Beneficial Interest in the Borrower. If all or any part of the property or any interest in it is sold or transferred without the Lender's
<br />prior written consent, Lender may demand immcdiate payment of the secured debt. Lender may also demand immediate paymcnt if the 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 if it is prohjbited by federal law as of the date
<br />of this deed of trust.
<br />
<br />20. Reeonveyance. When the obligation secured by tillS deed of trust has been paid, and Lender has no further obligati?n to make advance~ under the instruments or
<br />agreements sceurcd by this deed of trust, the Trustee shall, upon written request by the Lendcr, reconvey thc tlust property. lhe Lender sh~ll deliver to the Borrower, or to
<br />Borrower's successor in interest, the trust deed and the note or other evidence ofthe obligation so satisHed. Borrower shall pay any recordation costs.
<br />
<br />21. Successor Trustee. Lender, at Lender's option, may remove Trustee and appoint a successor trustee by first, mailing a copy of the substitution oftrustec as required
<br />by applicable law, and then, by filing the substitution of trustee for record in the officc of tile register of deeds of ~ach count~ in whi~h the trust propelty, or s~mc part
<br />thereof, is situated. The successor trustee, without conveyance of the property, shall succeed to all the power, duties, authonty and title of the Trustee named m the deed of
<br />trust and of any successor trustee.
<br />
|