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iE•R��tiiiti.� <br />99 107347 <br />TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated <br />M� <br />�,RCH 25 19 98d extensions and renewals thereof (herein "Note "), in the principal sum of U.S. <br />2 0 , 0 0 0 . b 0 , with interest thereon, providing for monthly installments of principal and interest, with the <br />balance of the indebtedness, if not sooner paid, due and payable on MARCH 2 9 , 2 01 4 ; the payment of all <br />other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; <br />and the performance of the covenants and agreements of Borrower herein contained. <br />Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to <br />grant and convey the Property, and that the Property is unencumbered except for encumbrances of record except <br />for alien granted by Borrower to Contractor and hereby assigned by Contractor to Lender. Borrower covenants <br />that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject <br />to encumbrances of record. <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 <br />interest 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 <br />shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the <br />Note is paid in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including <br />condominium and planned unit development assessments , if any) which may attain priority over this Deed of <br />Trust, and ground rents on the Property, if any, plus one - twelfth of yearly premium installments for hazard <br />insurance, plus one - twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably <br />estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates <br />thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower <br />makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. <br />If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of <br />which are insured or guaranteed by a federal or state' agency (including Lender if Lender is such an institution). <br />Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may <br />not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said <br />assessments and bills, unless Lender pays Borrower interest on the Funds applicable law permits Lender to make <br />such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that <br />interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires <br />such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. <br />Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to <br />the Funds and the purpose for which each debit to the punds was made. The Funds are pledged as additional <br />security for the sums secured by this Deed of Trust. <br />If the amount of the Funds held by the Lender, together with the future monthly installments of Funds <br />payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the <br />amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess <br />shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly <br />installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, <br />assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount <br />necessary to make up the deficiency in one or more payments as Lender may require. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to <br />Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is <br />otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or <br />its acquisition by Lender, any funds held by Lender at the time of application as a credit against the sums secured <br />by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by <br />Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts <br />payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the <br />principal of the Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's <br />obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this <br />Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be <br />paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a <br />priority over this Deed of Trust, and leasehold payments or ground rents, if any. <br />App # I <br />Initials: W Initials: Initials: Initials: <br />- Second Mortgage - 1/80 - FNMA /FHLMC UNIFORM INSTRUMENT - Form 3834 (Page 2 of 6) <br />Management Systems Development, Inc. (800) 984 -6060 Loan EnergizerF" .DEED Copyright (c) 1994 <br />