Laserfiche WebLink
�o�N�s 2 0�.10 6 8'7 4 <br />1. Payments. Borrower agrees to make all payments on the se�ured debt when due. Unless Borrower and Lender agree otheiwise, any <br />payments I.ender re�eives from Borrower or for Borrower's benefit will be applied first to any amounts Bornower owes on the se�ured debt <br />exclusive of interest or principal, second to interest, and then to principal. If partial prepayment of the secured debt occurs for any reason, it will <br />not reduce or e�ccuse any scheduled payment until the se�ure3 debt is paid in full. <br />2. Claims Against Title. Borrower will pay all taxes, ass�sments, and other charg�s attdbutable tA the pmperiy when due and will defend <br />title to the property against any claims wluch would impair the lien of this deed of trust. Lender may require Borrower to assign any rights, <br />claims or defens�s wluch Borrower may have against parties who supply labor or matetials to improve or maintaiu the properiy. <br />3. Insurance. Borrower will keep the property insure� under terms acceptable to Lender at Borrower's expense and for Lender's benefit. All <br />Insutance policies shall include a standard mortgage clause in favor of I.ender. Lender will be named as loss payee or as the insured on any such <br />insurance policy. Any insurance proceeds may be applied, within I.ender's discretion, t.� either the resCoration or repair of the damagefl properiy <br />or to the se�ured debt. ff I.ender reqwres mortgage insmance, Borrower agrees to ma;nra;n such inc�n+nse for as long as Lender requires. <br />4. Property. Borrower will keep the property in good condition and make all repairs reasonably necessary. <br />5. Egpenaes. Borrower agcees to pay all Lender's expenses, including reasonable attomeys' fees, if Borrower breaks any covenants in ttris <br />deed of trust or in any obligation secured by this deed of hvst. Borrower will pay these amounts to Lender as pravided in Covenant 9 of ttris deed <br />of mist. <br />6. PrIor Security Interests. Unless Borrower first obtains Lender's written contest, Borrower will not make or permit any changes to any <br />prior security interests. Borrower will perform all of Borrower's obligations under any prior mortgage, deed of hust or other se�urity agreement, <br />including Borrower's covenants to make payments when due. <br />7. Assignment of Rents and Profits. Borrower assigns to L.ender the rents and profits of the property. Unless Borrower and Lender have <br />agreed otherwise in writing, Borrower may collect and retain the rents as long as Bornower is not in default. If Borrower defaults, Lender, <br />Lender's agent, or a court appointed re�eiver may take possession and manage the property and collect the rents. Any rents Lender collects shall <br />be applied first to the costs of managing the property, including court costs and attorneys' fees, commissions to rental agents, and any other <br />necessary relate3 expens�. The remaining amount of rents will then apply to payments on the secured debt as provided in Covenant 1. <br />S. Leaseholds; CondomWuma; Planned L1nit Developments. Borrower agrees to comply with the provisions of any lease if this deed of <br />Uust is on leasehold. If this de�ed of hust is on a unit in a condominium or a planned unit development, Borrower will perform all of Borrower's <br />dudes under the covenants, by laws, or regulations of the condominium or glanned unit development. <br />9. Authority of Lender to Perform for Borrower. If Borrower fails to perForm, any of Borrower's duties under this deed of hust, Lender <br />may perform the duties or cause them to be performed Lender may sign Borrower's name or pay any amount if necessazy for performance. If <br />any conshucrion on the properiy is discontinued or not carried on in a reasonable manner, Iznder may do whatever is ne�essary to pmtect <br />Lender's security interest in the properiy. This may include completing the construcflon <br />I.ender's failure to perform will not preclude Lender from exercising any of its other rights under the law or this dced of tnist. <br />Any amounts paid by Lender to prot�t L.ender's security interest will be secured by this de�ed of hust. Such amounts will be due on demand and <br />will bexr interest frora the date of the payment until paid in full at the interest rate in effect on the s�ured debt <br />10. Default and Acceleralioa If Borrower fails to make any payment when due or breaks any covenants under this deed of hust or any <br />obligation se�ured by this deed of Uvst or any prior mortgage or deed of trust, Lender may accelerate the maturity of the secured debt and demand <br />immediate payment and may invoke the gower of sale and any other remedies permitted by applicable law. <br />Il. Request for NotIce of Defaul� It is hereby reque.sted that copies of the notices of default and sale be sent to each person who is a party <br />hereto, at the address of each such peison, as set forth herein. <br />12. Power of 5ale. If the Lender invok�s the power of sale, the Tnistee shall fiist re�ord in the o�ce of the register of deeds of �ch county <br />wherein the trust property or some part or patcel theteof is situated a nolice of default containing the information required by law. The Tntstee <br />shall also mail copies of the notice of default to the Borrower, to each pecson who is a party hereto, and to other peisons as pr�scribed by <br />applicable law. Not less than one month after the Tnastee records the notice of default, or two months if the hust property is not in any <br />incorpoiated city or village and is used in farming operations carried on by the tiustor, the Trustee shall give public notice of sale to the persons <br />and in the manner prescn'bed by applicable law. Trustee, without demand on Borrower, sk�all sell the prope�ty at public auction to the lughest <br />bidder. If required by the Fatm Homestead Protection Act, Trustee shall offer the property in two separate sales as required by applicable law. <br />Trustee may postpone sale of all or any parcel of the properiy by public announcement at the time and place of any previously scheduled sale. <br />Lender or its designee may purchase the property at any sale. <br />Upon receipt of payment of the price bid, Tn�sttee shall deliver to the purchaser Trustee's deed conveying the properiy. The recitials contained in <br />Trustee's deed shall be prima facie evidience of the truth of tha statements contained thecein. Trust� shall apply the procceds of the sale in the <br />following order: (a) to all expenses of the sale, including, but not limited to, reasonable Tnisttee's f�, reasonable attomey's fees and <br />reinstatement fees; (b) to all sums secured by tUis deed of Uust, and (c) the balance, if any, to the persons legally entitled to re�eive it. <br />13. Foreclosure. At Lender's option, this de�ed of hvst may be foreclosed in the manner provided by applicable law for fore�losure of <br />mortgages on real pmperty. <br />14. Inspection, Lender may enter the pmperiy to inspe�t it if Lender gives Borrower notice beforehand. The notice must state the reasonable <br />cause for Lender's inspe�tion. <br />15. Condemnarion Bormwer assigns to Lender the procc�rls of any award or claim for damages connected with a condetnnation or other <br />taking of all or any part of the pmperty. Such proceeds will be applied as provided in Covenant 1. This assignment is subject to the terms of any <br />prior se�urity agceement. <br />16. Waiver. By exercising any remedy available to I.ender, I.ender does not give up any rights to later use any oCher remedy. By not <br />exercising any remedy upon Borrower's default, Lender does not waive any right to later consider the event a default if it happens again. <br />17. Joint and Several Liability; Casfgners; Successors and Assigns Bound. All duties under this dezd of m�st are joint and seveial. Any <br />Borrower who co-signs tivs deed of trust but does not co-sign the underlying debt instnvments(s) does so only to giant and convey that <br />Borrower's interest in the property to the Tn�stee under the terms of this deed of Uust. In addition, such a Borrower agree.s that the I.ender and <br />any other Bonower nnder this dced of trust may extend, modify or make any other changes in the terms of tlus deed of hust or the secured debt <br />without that Borrower's consent and without releasing that Borrower from the terms of this deed of hust. <br />The duties and benefits of this deed of trust shall bind and benefit the successois and assigns of I,ender and Borrower. <br />18. Noflce. Unless othe�wise required by law, any notice to Borrower shall be given by delivering it or by mailing it by certified mail <br />addresse3 to Borrower at the property address or any other address tUat Borrower has given to Lznder. Borrower will give any notice to Lender <br />by certified mail to Lender's address on page 1 of this deed of Uust, or to any other address, wlrich Lender has d�ignated. Any other notice to <br />Lender shall be sent to Lender's address as stated on page 1 of this deed of irust. <br />