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9 9 1 0 6 S 8 9 LOAN #: 6360038283 <br /> Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the <br /> Property, and that the Property is unencumbered,except for encumbrances of record. Borrower covenants that Borrower warrants <br /> and will defend generally the title to the Properly against all claims and demands, subject to 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 indebtedness evidenced <br /> 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 Lender on <br /> the day monthly payments of principal and interest are payable under the Note,until the Note is paid in full,a sum(herein``Funds") <br /> equal to one-twelfth of the yearly taxes and assessments(including condominium and planned unit development assessments,if any) <br /> which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one-twelfth of yearly premium <br /> installments for hazard 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 thereof.Borrower <br /> shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of <br /> 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 which are insured or <br /> guaranteed by a federal or state agency(including Lender if Lender is such an institution).Lender shall apply the Funds to pay said <br /> taxes,assessments,insurance premiums and ground re,nts.Lender may not charge for so holding and applying the Funds,analyzing <br /> said account or verifying and compiling said assessments and bills,unless Lender pays Bonower interest on the Funds and applicable <br /> law permits Lender to make such a charge.Borrower and Lender may agree in writing at the time of execution of this Deed of Trust <br /> that interest on the Funds shall be paid to Borrower,and unless such agreement is made or applicable law requires such interest to <br /> be paid,Lender shall not be required to pay Bonower any interest or earnings on the Funds.Lender shall give to Borrower,without <br /> charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds <br /> was made. The Funds are 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 the due dates <br /> of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, <br /> insurance premiums and ground rents as they fall due,such excess shall be,at Borrower's option,either promptly repaid to Borrower <br /> or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay <br /> taxes,assessments, insurance premiums and ground rents as they fall due,Borrower shall pay to Lender any amount necessary to <br /> 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 Borrower any Funds held by <br /> Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply, no <br /> later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application <br /> as a credit against the sums secured by this Deed of Trust. <br /> 3.Application of Payments.All payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied <br /> by Lender first to any charges I owe other than principal and interest,then to interest that is due,and finally to principal that is due. <br /> 4.Prior Mortgages and Deeds of Trust;Charges;Liens.Borrower shall perform all ofBorrower's obligations under any mortgage, <br /> deed of trust or other security agreement with a lien which has priority over this Deed of Trust,including Borrower's covenants to make <br /> payments when due.Borrower shall pay or cause to be paid all taxes,assessments and other charges,fines and imposiUons attributable <br /> to the Property which may attain a priority over this Deed of Trust,and leasehoId payments or ground rents,if any. <br /> 5.Hazard Insurance.Bonower shall keep the improvements now existing or hereafter erected on the Property insured against <br /> loss by fire, hazards included within the term "e�rtended coverage," and such other hazards as Lender may require and in such <br /> 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,that such approval <br /> shall not be unreasonably withheld.All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include <br /> a standard mortgage clause in favor of and in a form acceptable to Lender.Lender shall have the right to hold the policies and renewals <br /> thereof,subj ect to the terms of any mortgage,deed of trust or 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 proof of loss if <br /> 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 the date notice is mailed by <br /> Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the <br /> insurance proceeds at Lender's option either to restoration or repair of the Properly or to the sums secured by this Deed of Trust. <br /> 6.Preservation and Maintenance of Property;Leaseholds;Condominiums;Planned Unit Developments.Bonower shall keep <br /> the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the <br /> provisions ofany lease ifthisDeed ofTrust is on a leasehold.Ifthis Deedof Trustis ona unit in acondominium ora plannedunit development, <br /> Borrower shallperform all ofBorrower's obligationsunder thedeclarationorcovenants creating or governingthe condominiumorplanned <br /> unit development,the by-laws and regulations of the condominium or planned unit development,and constituent documents. <br /> 7.Protection of Lender's Security.If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, <br /> or if any action or proceeding is commenced which materially affects Lender's interest in the Properly,then Lender,at Lender's option, <br /> upon notice to Bonower,may make such appearances,disburse such sums,including reasonable attorneys'fees,and take such action <br /> as is necessary to protect Lender's interest.If Lender required mortgage insurance as a condition of making the loan secured by this <br /> Deed of Trust,Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for <br /> 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,shall become additional <br /> indebtedness of Borrower secured by this Deed of Trust.Unless Borrower and Lender agree to other terms of payment,such amounts <br /> shall be payable upon notice from Lender to Borrower requesting payment thereof.Nothing contained in this paragraph 7 shall require <br /> Lender to incur any expense or take any action hereunder. <br /> 8.Inspection.Lender may make or cause to be made reasonable entries upon and inspections of the Properiy,provided that Lender <br /> shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br /> 9.Condemnation.The proceeds of any award or claim for damages,direct ar consequential,in connecUon with any condemnation <br /> or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,aze hereby assigned and shall be paid to Lender, <br /> subject to the terms of any mortgage,deed of trust or other security agreement with a lien which has priority over this Deed of Trust. <br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. E�ension of the time for payment or modification of <br /> amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate <br /> to release,in any manner,the liability of the original Borrower and Borrower's successors in interest.Lender shall not b�e �re <br /> Initials: <br /> Form 38281/80 Page 2 of 4 NE3079DE <br />