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COVENANTS ��` ����� <br /> 1. Payments. Borrower agrees to make all paymen�s;�n th4 secu�eil 8e6t.whe" due. Unless Borrower and Lender agree otherwise, any <br /> payr�eMlts Lender receives from Borrower or fa� Borrow r's�'f3bnefit wili be appiied first to any amounts Borrower owes on the secured debt <br /> �exclusive of interest or principal, second to inter3est, end then to pri�cipal. If partial p�epayment of the secured debt occurs for any reason, it wili <br /> not reduce or excuse any scheduled payment until the se��}eb�,��ep�d J�.�����,«�y <br /> � <br /> 2. Claims Against Title. Borrower will pay all taxes,�assessments, and other�charges attributable to the property when due and will detend title <br /> to the property against any ciaims which wouid impair the lien of this deed of trust. Lender may require Borrower to assign any rights, claims or <br /> defenses which Borrower may have against partiea who suppiy labor or mater�als to improve or maintain the property. <br /> 3. insursnce. Borrower will keep_the property insured under terms acceptable to Lender at Borrower's expense and for Lender's benefit. All <br /> insurance policies shall include a standard mortgage clause in favor of Lender. Lender will be named as loss payee or as the insured on any such <br /> insurance policy. Any insurance proceeds may be aPplied, within Lender's discretion, to either the restoration or repair of the damaged property <br /> or to the secured debt. If Lender requirea mortgage msurance, Borrower agrees to maintain such insurance 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. Expensss. Borrower agrees to pay all Lender's expenses, including reasonable attorneys'fees, if Borrower breaks any covenants in this deed <br /> of trust or in any obligation secured by this deed of trust. Borrower will pay these amounts to lender as provided in.Covenant 9 of this deed of <br /> trust. <br /> 6. Prior Security Interests. Unless Borrower first obtains Lender's written consent, Borrower will not make or permit any changes to an <br /> security interests. Borrower will perform all of Borrower's obligations under any p�ior mortgage, deed of trust or other security agreement, <br /> includinp Borrower's covenants to make payments when due. Y prior <br /> 7.Assi�nment of Rents and Profits. Borrower assigns to Lender the rents and profits of the property. Uniess Borrower and Lender have agreed <br /> otherwise in writing, Borrower may collect and retain the rents as long as Borrower is not in default. If Borrower defaults, Lender, Lender's <br /> agent, or a court appointed receiver may take possession and manage the property and collect the rents. Any rents Lender col�ects shall be <br /> applied first to the costs of managina tha property, includtng court costs and attorneys' fees, commissions to rental agents, and any oiher <br /> necessary related expenses. The remaining amount of rents will then apply to payments on the secured debt as provided in Covenant 1. <br /> 8. Leaseholds•Condominiums; Planned Unit DevNopmeMs. Borrower agrees to comply with the provisions of any lease if this deed of irust is on <br /> a leasehold. If this deed of trust is on a unit in a condominium or a planned unit development, Borrower wili perform all of Borrower's duties <br /> under the covenants, by-laws, or regulations of the condominium or pianned unit development. <br /> 9. Authority of Lender to Psrform for Borrower. If Borrower fails to perform any of Borrower's duties under this deed of trust, Lender may <br /> perform the duties or cause them to be performed. Lender may sign Borrower's name or pay any amount if necessary for performance. If any <br /> construction on the property is discontinued or not carried on in a reasonable manner, Lender may do whatever is necessary to protect Lender's <br /> security interest in the property. This may include completing the construction. <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 /> 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 <br /> and will bear interest from the date of the payment until paid in full at the interest rate in effect on the secured debt. <br /> 10. Dafault and Accelerotion. If Borrower fails to make any payment when due or breaks any covenants under this deed of trust or any <br /> obligation secured by this deed of trust or any prior mortgage or deed of trust, Lender may accelerate the maturity of the secured debt and <br /> demand immediate payment and may invoke the power of sale and any other remedies permitted by applicable law. <br /> 11. Requast 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 part <br /> hereto, at the address of each such person, as set forth herein. <br /> Y <br /> 72. 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 <br /> wherein the trust property or some part or parcel thereof is situated a notice of default containing the information required by law. The Trustee <br /> shall also mail copies of the notice of default to the Borrower, to each person who is a party hereto, and to other persons as prescribed by <br /> applicable law. Not less than one month after the Trustee records the notice of default, or two months if the trust ro ert <br /> incorporated city or village and is used in farming operations carr(ed on by the trustor,the Trustee shai� <br /> and in the manner prescribed by a P P Y is not in any <br /> bidder. If required by the Farm Homesteadf Pro ectlonSAct, Trustee shall of ernthe pr perty hnitwoisepapate s s�e as�requi ed tby pp1 cableglawt <br /> Trustee may postpone sale of all or any parcel of the ro ert b <br /> Lender or its desi nee ma p p Y Y public announcement at the time and place of any previously scheduled sale. <br /> 9 y purchase the property at any sale. <br /> Upon receipt of payment of the price bid, Trustee shali deliver to the purchaser Trustee's deed conveying the property. The recitials contained in <br /> Trustee's deed shall be prima facie evidience of the truth of the statements contained theroin. Trustee shall apply the proceeda of tha sale in the <br /> following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's fees, reasonable attorney's fees and <br /> reinstatement fees; (b)to all sums secured by this deed of trust, and(c)the balance, if any,to the persons legally entitled to receive it. <br /> 13. Foreclosure. At Lender's option, this deed of trust may be foreclosed in the manner provide by applicable law for foreclosure of mortgages <br /> on real property. <br /> 14. Inspection. Lender may enter the property to inspect it if Lender gives Borrower notice beforehand. The notice must state the reasonable <br /> cause for Lender's inspection. <br /> 15. Condemnatlon. Borrower assigns to Lender the proceeds ot any award or claim for damages connected with a condemnatfon or other taking <br /> of all or any part of the ro ert Such proceeds will be a lied as rovided in Covenant 1. This assi nment is sub'ect to the terms of an <br /> security agreement. p p Y� PP p <br /> 9 � y prior <br /> 16. Waiver. By exercising any remedy avai�able to Lender, Lender does not give uP any rights to later use any other remedy, By not exercising <br /> any remedy upon Borrower's default, Lender does not waive any right to later consider the event a default if it happens again. <br /> 77. Joint and Several Liability; Co-signers; Succesaors and Assigns Bound. All duties under this deed of trust are 'oin <br /> Borrower who co-signs this deed of trust but does not co-sign the underlying debt instrumentls) does so onl to <br /> Borrower's interest in the property to the Trustee under the terms of this deed of trust. In addition, such a Borrower agr es that he Lender nd <br /> any other Borrower unde► this deed of trust may extend, modify or make any other changes in the terms of this deed of trust or the s cu eat <br /> debt wlthout that Borrower's consent and without releasing that Borrower from the terms of this deed of trust. <br /> The duties and benefits of this deed of trust shall bind and benefit the successors and assigns of Lender and Borrower. d <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 <br /> Borrower at the property address or any other address that Borrower has given to Lender. Borrower will give any notice to Lender by certifie <br /> mail to Lender's address on page 1 of this deed of trust, or to any other address which Lender has designated. Any other noti <br /> be sent to Lender's address as stated on page 1 of this deed of trust, d <br /> Any notice shall be deemed to have been given to Borrower or Lender when given in the manner stated above. 0e to Lender shall <br /> 19. Transfer of the Property or e Baneficial Interest In the Borrower. If all or an y <br /> without Lender's prior written consent, Lender may demand immediate payment of the secured debt. Lender may also demand immed' <br /> payment if the Borrower is not a natural person and a beneficial interest in the Borrower sr olcl orVansferredSHowever,OLender msferred <br /> demand payment in the above situations if it is prohibited by federal law as of the date of this deed of trust. iate <br /> 20. Reconveyancs. When the obligation secured by this deed of trust has been paid, and Lender has no fur aY not <br /> under the instruments or agreements secured by this deed of trust, the Trustee shatl, upon written request by the Lender, reconve the <br /> property. The Lender shall deliver to the Borrower, or to Borrower's successor in interest, the trust deed and the not'e9oriotheo make advances <br /> obligation so satisfied. Borrower shall pay any recordation costs. <br /> 21. Succeaaor Tr�stsq� L•ender at lender's option, may remove Trustee and a evidence ofrthe <br /> substitution of tru�tee a3cr,eGtiir�d.b a licable law, and then, by filing the substitution of trustee for record in th <br /> of each county in which the trust property, or some part thereof, is situated. The successor trusteeow'thout conveyance of the e�copy of the <br /> succeed to all the power, duties, authority and title of the Trustee named in the deed of trust and of any successor trustee f the register of deeds <br /> P operty, shall <br /> BANKERS SYSTEMS,INC.,ST.CLOUD,MN 68301 (1-800-397-2341)FORM OCP-MTGNE 8/19/91 <br /> lPsgs?of 2/ <br /> ------ ' <br />