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2GOjv2590 <br />99 107347 <br />, <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the <br />Property insured against loss by fire, hazards included within the term "extended coverage," and such other <br />hazards as Lender may require and in such amounts for such periods as Lender may require. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by <br />Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals <br />thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a <br />form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the <br />terms of any mortgage, deed of trust or other security, agreement with a lien which has priority over this Deed of <br />Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and lender. Lender may <br />make proof of loss if not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from <br />the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance <br />benefits, Lender is authorized to collect and apply the insurance proceeds at Lenders option either to restoration <br />or repair of the Property or to the sums secured by this Deed of Trust. <br />6. Preservation and Maintenance of Property; Leasehold; Condominiums; Planned Unit <br />Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit <br />impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, <br />Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the <br />condominium or planned unit development, the by -laws and regulations of the condominium or planned unit <br />development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements <br />contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's <br />interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, <br />disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's <br />interest. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, <br />Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement <br />for such insurance terminates in accordance with Borrower'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, <br />shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender <br />agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting <br />payment thereof. Nothing contained in this paragraph I shall require Lender to incur any expense or take any <br />action hereunder. <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the <br />Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable <br />cause therefor related to Lender's interest in the Property. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in <br />connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of <br />condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of <br />trust or other security agreement with a lien which has a priority over this Deed of Trust. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any <br />successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower <br />and Borrower's successors in interest. Lender shall not be required to commence proceedings against such <br />successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed <br />of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any <br />forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall <br />not be a waiver of or preclude the exercise of any such right or remedy. <br />Initials: Initials: <br />Initials: <br />App # <br />Initials: <br />- Second Mortgage - 1/80 - FNMA /FHLMC UNIFORM INSTRUMENT - Form 3834 (Page 3 of 6) <br />Management Systems Development, Inc. (800) 984 -6060 Loan Energized' _DEED Copyright (c) 1994 <br />