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RAUL A, GARCIA 2 p p 0 0 0 � 4 4 102897 O1/07/2000 <br /> UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: : <br /> ' 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest <br /> indebtedness evidenced by the Note and late charges as provided in the Note. : <br /> 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to <br /> Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a <br /> sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit <br /> development assessments, if any) which may attain priarity over this Deed of Trust, and ground rents on the Property, if <br /> any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfrh of yearly premium installments <br /> for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of <br /> assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds <br /> to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder <br /> is an institutional lender. <br /> If Borrower pays Funds to Lender, the Funds shall be held iu an institution the deposits or accounts of which are <br /> insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply <br /> the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and <br /> applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays ' <br /> Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree <br /> in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless <br /> such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrowex <br /> any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds <br /> showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are <br /> pledged as additional security for the sums secured by this Deed of Trust. <br /> If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to <br /> the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said <br /> taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, <br /> either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds <br /> held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, <br /> Borrower shall pay to Lender any amount uecessary to make up the deficiency in one or more payments as Lender may <br /> require. <br /> Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds <br /> held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender <br /> shall apply, no later than immediately prior to the sale of the Property ar its acquisition by Lender, any Funds held by <br /> Lender at the time of application as a credit against the sums secured by this Deed of Trust. <br /> 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the <br /> Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower <br /> under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. <br /> 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations <br /> under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, <br /> including Borrower's covenants to make payments when due. Borrower shali pay or cause to be paid all taxes, assessments <br /> and other charges, fines and impositions attributable to the Property which may attain a priarity over this Deed of Trust, <br /> and leasehold payments or ground rents, if any. <br /> 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br /> insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may <br /> require and in such amounts and for such periods as Lender may require. <br /> The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, <br /> that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form <br /> acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender <br /> shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other <br /> security agreement with a lien which has priority over this Deed of Trust. <br /> In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br /> of loss if not made promptly by Borrower. <br /> If die Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date <br /> notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is <br /> authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or <br /> to the sums secured by this Deed of Trust. : <br /> 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br /> Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deteriaration of the <br /> Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is <br /> on a unit in a coudominium or a planned unit development, Borrower shall perform all of Bonower's obligations under the <br /> declaration or cuvenauts creating ar�overning the candomituum or plaimed unit development, the by-laws and regulations I <br /> of the condominium or planned unit development, and constituent documents. " <br /> 7. Protection of Lender's Security. If Borrower fails to perform the covenauts and agreements contained in this <br /> Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then <br /> Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br /> reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br /> insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to <br /> maintain such insurance in effect until such time as the requirement for such insurance terminates in accardance with <br /> Barrower's and Lender's written agreement or applicable law. <br /> Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become <br /> additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of <br /> payment, such amounts shall be payable upon uotice from Lender to Borrower requesting payment thereof. Nothing <br /> contained in this paragraph 7 shall require Lender to iucur any expense or take any action hereunder. <br /> 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspectioi�s of the Property, � <br /> provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to <br /> Lender's interest in tlie Property. : <br />. �: <br />