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<br />COVENANTS
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<br />200900981
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<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 />Borrower or for Borrower's benefit will be applicd llrstto any amounts Borrower owes on the secured debt exclusive of interest or principal, second to interest, and then to
<br />Plincipal. If partial prepayment of the secured debt occurs for any reason, it will not reduce or excuse any scheduled payment until the secured debt is paid in filiI.
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<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 BOIrower 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.
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<br />3. Insurance. Borrower will keep the property insured under terms acceptable to Lender at Borrower's expense and for Lender's benefit All Insurance policies shall
<br />include a standard mortgage clause in favor of Lender. Lender will be named as loss payee or as the insured on any such insurance policy. Any insurancc procceds may be
<br />applied, within Lender's discretion, to either the restoration or repair of the damaged properly or to the secured debt. If Lender requires mortgage insurance, Borrower
<br />agrees to maintain such insurance for as long as Lender requires.
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<br />4. Property. Borrower will keep the property in good condition and make all repairs reasonably necessary.
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<br />5. Expenses. Borrower agrees to pay all Lendcr's expenses, including reasonable attorncys' fccs, 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.
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<br />6. Prior Security Interests. Unless Borrower first obtains Lender's writtcn contest, Borrower will not make or permit any changcs to any prior security interests.
<br />Borrowcr will perform all of Borrower's obligations under any prior mortgage, deed of trust or other security agreement, including Borrower's covenants to make payments
<br />when due.
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<br />7. Assignment of Rents and Profits. Borrower assigns to Lendcr the rcnts 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 Borro'wer is not in defimlt If Borrower defaults, Lender, Lender's agcnt, or a court appointed receiver may take
<br />possession and manage the property and collect thc rents. Any rents Lender collects shall be applied first to the costs of managing the property, including COUlt costs and
<br />attorneys' fees, commissions to rental agents, and any other necessary related expenscs. The remaining amount ofrents will then apply to payments on the secured debt as
<br />provided in Covenant I.
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<br />8. Leaseholds; Condominiums; Planned Unit Developments. Borrower agrees to comply with the 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 Borrower's duties under the covenants, by laws, or regulations of
<br />thc condominium or planned unit development.
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<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 bc performed. I.ender may sign Borrower's name or pay any amount if necessary for performance. If any construction on the propeliy 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.
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<br />Lender's failure to pertbrm will not preclude Lender from exercising any of its other rights under the law or this deed of trust.
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<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 interest from the
<br />date of the payment until paid in full at the interest mte in effect on the secured debt.
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<br />10. Defanlt and Acceleration. If BOlrower fails to make any paymcnt when due or breaks any covenants under this deed of trust or any obligation secured by this deed of
<br />trust or any prior mortgage or deed of trust, Lender may accelemte the maturity of the secured debt and demand immediate payment and may invoke the power of sale and
<br />any other remedies permitted hy applicahle law.
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<br />11. Request for Notice 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.
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<br />12. Power of Sale. If the Lender invokes the power of sale, the Trustee shall first record in the office of the registcr of deeds of each county wherein the trust property or
<br />some part or parcel thereof is situated a notice of default containing the information required by law. The Trustee shall also mail copies of thc notice of default to the
<br />Borrower, to each person who is a party hereto, aitd to other persons as prescribed 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 opemtions carried on by thc trustor, the Trustee shall give public notice of
<br />sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the property at public auction to the highest bidder. If
<br />required by the Fann Homcstead Protection Act, Trustee shall offer the property in two sepamte sales as required by applicable law. Trustee may postponc sale of all or any
<br />parcel of the property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the property at any sale.
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<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustce's deed conveying the property. The recitials containcd in Trustee's deed shall be
<br />prima facie evidience 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 reinstatemeni fees; (b) to all sums secured by this deed oftrust, and (c) the balanec, if
<br />any, to the persons legally entitled to receive it.
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<br />13. Foreclosure. At Lender's option, this deed of trust may be foreclosed in the manner provided by applicable law for foreclosure ofmortga!les on real property.
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<br />14. Inspection. Lender may enter the property to inspect it if Lender gives Borrower notice beforehand. Thc notice must state the reasonable cause for Lcnder's
<br />inspection.
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<br />15. Condemnation. Borrower assigns to Lender the proceeds of any award or claim for damages connected witb a condemnation or other taking of all or any part of the
<br />property. Such proceeds will be applied as provided in Covcnant I. Tins assignment is subject to the terms of any prior security agreement.
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<br />16. Waiver. By exercising 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 docs not waive any right to later consider the event a default if it happens again.
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<br />17. Joint and Several Liability; Co-si~ners; Successors and Assi~ns 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 Borrower's interest in the property to the Trustee under the terms
<br />of this deed of trust. In addition, such a BOlrowcr agrees that the Lender and any other Borrower under this deed of trust may extend, modify or make any other changes in
<br />the teTlllS of this deed oftrust or the secured debt without that Borrower's consent and without releasing that Borrower from the terms ofthis deed of trust.
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<br />The duti.es and benefits of tbis deed of trust shall bind and hencfit the successors and assigns of Lender and Borrower.
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<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 tI~e
<br />property address or any other address that Borrower has given to Lender. Borrower will give any notice to Lender by certified mail to Lender's address on pagc I of thiS
<br />deed of trust, or to any other address, which Lender has designated. Any otber notice to Lender shall be sent to Lender's address as stated on page I of this deed of trust.
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<br />Any notice shall be decmed to have been given to Borrower or Lender when given in the manner stated above.
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<br />19. Transfer of the Property or a Beneflclallnterest in the Borrower. If all or any part of the property or any interest in it is sold or tmnsJerred without the Lender's
<br />prior written consent, Lender may demand immediate payment of the securcd debt. Lender may also de~nand il11mcdi~te p~Ylm:n~ i~'the B?r~ower is not a natural person and
<br />a beneficial interest in the. Borrower is sold or transferred. However, Lender may not demand payment 111 the above sltuattons If It IS prohIbited by federal law as of the date
<br />of this deed oftrust.
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<br />20. Reconveyance. When the ohligation secured by this deed of trust has been paid, and Lender has no further obligation to make advance~ under the instruments or
<br />agreements secured by this deed oftrust, the Trustee sball, upon written request by the Lender, reconvcy the trust property. The Lender sh~1l dehver to the Borrower, or to
<br />Borrower's successor in intcrest, the trust deed and the note or other evidence ofthe obligation so satisfied, Borrower shall pay any recordatIon costs.
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<br />21. Successor Trustee. Lender, at Lender's option, may remove Trustee and appoint a successor trustee by tirst,mailing a ~opy ?fthe substitution of trustee as required
<br />by applicable law, and then, by filing the substitution of trustee for record in the omce of thc register of deeds of :ach county 111 wlu?h the trust property, .or s~me rart
<br />thereof, is situated. The successor trustee, without conveyance of the propClty, shall succeed to all the power, duties, authonty and title of the I rustee named III the deed of
<br />trust and of any successor trustee.
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