|
<br />COVENANTS
<br />
<br />200903538
<br />
<br />l. 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 applied tlrst to any amounts Borrower owes on the secured debt exclusive of interest or principal, second to interest, and then to
<br />principal. If partial prepayment of the secured debt occurs for any reason, it will not reduce 01' 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 tenus acceptable to Lender at Borrower's expense and for Lender's benetlt. 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 insurance proceeds may be
<br />applied, 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 reasonable attorneys' fees, if Borrower breaks any covenants in this dccd of trust or in any
<br />obligation secured by this deed of trust. BOlTOwer 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 secnrity interests.
<br />Borrower 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.
<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 otherwisc 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 Lender collects shall be applied first to the costs of managing the property, including court costs and
<br />attorneys' fees, commissions to rental agents, and any other necessary related expenses. Thc 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 Vnit 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 />the condominium or plalllled unit development.
<br />
<br />9. Authority of Lender to Perform for Borrower. If Borrower fails to perform, any of Borrower's dutics 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 pertormance. If any construction on the property is discontinued 01' 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 of trust. 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 rate in effect on the secured debt.
<br />
<br />10. Default and Acceleration. If Borrowcr fails to make any payment when due or breaks any covenants under this deed of trust or any obligation secured by this deed of
<br />trust or any prior mortgagc or deed of trust, Lender may accelerate the maturity of the secured debt and demand immediate payment and may invoke the power of sale and
<br />any other remedies pennitted by applicable law.
<br />
<br />II. 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 addrcss 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 wherein the trust property or
<br />some part or parcel thereof is situated a notice of default containing the infonllation required by law. The Trustee shall also mail copies of the notice of default to the
<br />Borrower, to each person who is a party hereto, and to other persons as prescribed by applicable law. Not less than one month after the Trustee records the notice of dcfault,
<br />or two months if the trust property is not in any incorporated city or village and is used in farming operations calTied on by the 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 Farm Homestead Protection Act, Trustee shall offer the property in two separate sales as required by applicable law. Trustee may postpone sale of all or any
<br />parcel of the propClty by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the 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 contained in Trustee's deed shall be
<br />prima lacie evidience of the truth of the statements contained therein. Trustee shall apply the procecds of the sale in the following order: (a) to all expenses of thc salc,
<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 oftmst, 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 manner 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 Horrower notice beforehand. The notice must state the reasonable cause for Lender's
<br />inspection.
<br />
<br />15. Condemnation. BOlTOwer assigns to Lender the proceeds of any award 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 I. This assignment is subject to the terms of any prior security agreement.
<br />
<br />16. Waiver. By exercising any remedy availablc to Lender, Lender does not givc 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 ifit happens again.
<br />
<br />17. Joint and Several Llahlllty; Co-signers; Successors and Assigns Bound. All duties under this deed of trust are joint and SeVCl1l1. Any Borrower who co-signs this
<br />deed of trust but does not co-sign the underlying dcbt instruments(s) does so only to grant and convey that Borrower's interest in the property to the T'rustee under the terms
<br />of this deed of trust. In addition, such a Borrower agrees that the Lender and any other BOlTOwer under this deed oftmst may extend, modify or make any other changcs in
<br />the tenus of this deed of trust or the secured debt without that Horrower's consent and without releasing that Borrower from the terms of this deed of trust.
<br />
<br />The duties and benetlts 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 BOlTOwer shall be given by delivering it or by mailing it by certified mail addressed to BOlTOwer at the
<br />property address or any other address that l3orrower has given to Lender. Horrower will give any notice to Lender by certitled mail to Lender's address on pagc, 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 a~ stated on page 1 of thIs deed of trust.
<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 ~s. sold or transf~rred without the Lcnder's
<br />prior written consent, Lender may demand immediate payment of the secured debt. Lender may also demand nnmedlate payment II the BOlTOwer IS not a natural person and
<br />a beneficial intercst in the Borrower is sold or transfell'cd. However, Lender may not demand payment in the above situations if it is prohibited by federal law as of the date
<br />of tbis deed oftmst.
<br />
<br />20. Reconveyance. WIlen the obligation 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 of trust, the Trustce shall, upon written request by the Lender, reconvey the trust property. The Lender shall dehver to the BOll'ower, or to
<br />Borrower's successor in interest, the trust deed and the note or other evidence of the obligation so satisfied. Borrowcr shall pay any recordatIOn costs.
<br />
<br />21. Snceessor Trustee. Lender, at Lender's option, may remove Trustee and appoint a successor trustec by first, mailing a copy of the substitution oftrustce 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 ~ach count~ in whi~h thc trus,t,property, or s~me palt
<br />thereof, is situated. The successor trustee, without conveyancc of the property, shall succeed to all the power, duttcs, authonty and tltle of the I rustee named m the dced of
<br />
<br />trust and of any successor trustee.
<br />
|