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i <br /> 99" i�s� -2_ � ~ <br /> s9 <br /> Bonower covenants that Bonower is lawfully seized of the estate hereby conveyed and has the right to grant and <br /> convey the Property, and that the Property is unencumbered, except for encumbrances of record. Bonower covenants that <br /> Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to <br /> encumbrances of record. <br /> iJNIFORM 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 and other charges as provided in the Nqte'., �` <br /> 2. Payment of Taxes. Subject to applicable law or a written waiver by Lender, Borrower shall pay t�es and <br /> assessments(including condominium and planned unit development assessments,if any)which may attain priority over this <br /> Deed of Trust,and ground rents on the Property,if any. <br /> 3. Application of Payments. Unless applicable law provides othenvise, all payments received by Lender under <br /> the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by <br /> Borrower 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. Bonower 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 Bonower's covenants to make payments when due. Borrower sha11 pay or cause to be paid, prior to delinquency, <br /> all taxes, assessments and other charges,fines and impositions attxibutable to the Property which may attain a priority over <br /> this Deed of Trust,and leasehold payments or ground rents,if any. <br /> 5. Hazard Insurance. Bonower 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 Bonower subject to approval by Lender; <br /> provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a <br /> form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. <br /> Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or <br /> other 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 <br /> proof of loss if not made prompdy by Borrower. <br /> If the Property is abandoned by Bonower, or if Borrower fails to respond to Lender within 30 days from the date <br /> notice is mailed by Lender to Bonower 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 to <br /> the sums secured by this Deed of Trust. <br /> 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit <br /> Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or <br /> deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this <br /> Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's <br /> obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by- <br /> laws and regulations of the condominium or planned unit development,and constituent documents. <br /> 7. Protection of Lender's Security. If Bonower fails to perform the covenants and agreements contained in <br /> this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br /> then 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 is 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 is temunated in accordance with <br /> 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, shall <br /> become additional indebtedness of Bonower secured by this Deed of Trust. Unless Borrower and Lender agree to other <br /> terms of payment, such amounts shall be payable upon notice from Lender to Bonower requesting payment thereof. <br /> Nothing contained in this paragraph 7 shall require Lender to incur any eapense or take any action hereunder. <br />- 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br /> provided that Lender shall give Bonower notice prior to any such inspection specifying reasonable cause therefor related to <br /> Lender's interest in the Property. <br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br /> any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby <br /> assigned and shall be paid to Lender, subject to the rights of the holder of any mortgage, deed of trust or other security <br /> agreement with a lien which has priority over this Deed of Trust. <br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br /> modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of <br /> Borrower shall not operate to release, or otherwise affect in any manner, the liability of the original Borrower and <br /> Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to <br /> extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any <br /> demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any <br /> right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any <br /> such right or remedy. <br /> r--- �.,.,,.�.r, ,,,.,,.,. — - -- . <br />