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200406738 <br />Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant <br />and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants <br />that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to <br />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 interest <br />indebtedness evidenced by the Nate and late charges as provided in the Note. <br />2. Funds for 'faxes and.Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall <br />pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid <br />in full, a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments (including condominium and <br />planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the <br />Property, if any, plus one - twelfth 6 yearly premium installments for hazard insurance, plus one - twelfth of yearly premium <br />installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the <br />basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments <br />of Funds to Lender to the extent ;.hat Borrower makes such payments to the holder of a prior mortgage or deed of trust <br />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 <br />are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall <br />apply the Funds to pay said taxis, assessments, insurance premiums and ground rents. Lender may not charge for so <br />holding and applying the Funds, ar >alyzing said account or verifying and compiling said assessments and bills, unless Lender <br />pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender <br />may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, <br />and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to <br />pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting <br />of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The <br />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 <br />to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay <br />said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, <br />either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the <br />Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall <br />due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender <br />may require. <br />Upon payment in full of Il sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any <br />Funds held by Lender. if under p,,_ragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, <br />Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds <br />held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, 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. Borrower shall perform all of Borrower's obligations <br />under any mortgage, deed of truss or other security agreement with a lien which has priority over this Deed of Trust, <br />including Borrower's covenants to .nake payments when due. Borrower shall pay or cause to be paid all taxes, assessments <br />and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, <br />and leasehold payments or ground rents, if any. <br />5. IIazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazara% 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 Borrower subject to approval by Lender; provided, <br />that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form <br />acceptable to Lender and shall urclude 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 <br />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 <br />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 the date <br />notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender <br />is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property <br />or to the sums secured by this Dued of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Borrower shall keep the Property :n good repair and shall not commit waste or permit impairment or deterioration of the <br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust <br />is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and <br />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 <br />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 as a condition of makin5 the loan secured by this Deed of Trust, Borrower shall pay the premiums required <br />to maintain such insurance in effeca until such time as the requirement for such insurance terminates 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-Borrower 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 Borrower requesting payment thereof. <br />Nothing contained in this paragra_)h 7 shall require Lender to incur any expense or take any action hereunder. <br />Form 3828 1/80 (Page 2 of 5 Pages) <br />one <br />