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. <br /> . � ' 99 1.07347 <br /> . . , <br /> . .i' <br /> TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated <br /> ' and extensions and renewals thereof(herein "Note"), in the principal sum of U.S. <br /> , 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 • 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 yeazly 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 guazanteed 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, msurance 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. Bonower 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 :s 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 �'unds 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 Bonower's option, either promptly repaid to Bonower 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 mterest 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�{ <br /> Initials: I�,�1 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 Energizer!'" .DEED Copyright(c) 1994 <br />