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200408871 <br />shall deem necessary to protect any of the liens or security interests of Lender covered by this Instrument ( "Other <br />Impositions "). Unless otherwise provided by applicable law, Lender may require Funds for Other Impositions to be <br />paid to Lender by Borrower in a lump sum or in periodic installments, at Lender's option. <br />The Funds shall be held by Lender or, at Lender's option, in another institution, the deposits or accounts of <br />which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said taxes, <br />assessments, insurance premiums and Other Impositions as they become due provided that Borrower is not in breach <br />of any covenant or agreement of Borrower in this Instrument. Lender shall make no charge for so holding and <br />applying the Funds, analyzing said account or for verifying and compiling said assessments and bills, unless Lender <br />pays Borrower interest, earnings or profits on the Funds and applicable law permits Lender to make such a charge. <br />Unless applicable law requires payment of interest, earnings or profits on the Funds to be paid, Lender shall not be <br />required to pay Borrower any interest, earnings or profits on the Funds. Lender shall give to Borrower, without <br />charge, an annual accounting of the Funds, in Lender's usual format, showing credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds are hereby pledged as additional security for the <br />indebtedness secured by this Instrument. <br />If the amount of the Funds held by Lender at the time of the annual accounting thereof shall exceed the <br />amount deemed necessary by Lender to provide for the payment of taxes, assessments, insurance premiums, and <br />Other Impositions, as they fall due, such excess may be refunded to Borrower following such audit or may be <br />applied by Lender at its option to payments due in the future. If at any time the amount of the Funds held by Lender <br />shall be less than the amount deemed necessary by Lender to pay taxes, assessments, insurance premiums, and Other <br />Impositions, as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within <br />thirty days after written notice from Lender to Borrower requesting payment thereof. <br />Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Lender may apply, <br />in any amount and in any order as Lender shall determine, in Lender's sole discretion, any Funds held by Lender at <br />the time of application (a) to pay taxes, assessments, insurance premiums and Other Impositions which then are due, <br />or (b) as a credit against any indebtedness secured by this Instrument. Upon payment in full of all sums secured by <br />this Instrument, Lender shall promptly refund to Borrower any unapplied Funds held by Lender. <br />Lender hereby agrees to waive its right to require payment of the Funds so long as Borrower does not <br />default under the Note, this Instrument, or any other instrument securing the Note or other Loan Documents <br />provided that Borrower provides Lender with timely evidence satisfactory to Lender that all taxes, assessments, <br />premiums and, if requested by Lender, Other Impositions have been paid in full prior to delinquency. If such a <br />default occurs or if Borrower does not provide such evidence, Lender may revoke its waiver at any time thereafter <br />by giving written notice thereof to Borrower. <br />3. APPLICATION OF PAYMENTS. Unless applicable law requires otherwise, all payments <br />received by Lender from Borrower under the Note or this Instrument shall be applied by Lender in the order of <br />priority as determined by Lender in its discretion. <br />4. CHARGES; LIENS. Borrower shall pay all taxes, assessments, premiums, and Other <br />Impositions attributable to the Property at Lender's option in the manner provided under Paragraph 2 hereof or, if <br />not paid in such manner due to a waiver by Lender, by Borrower making payment, when due, directly to the <br />appropriate payee thereof, or in such other manner as Lender may designate in writing. Borrower shall promptly <br />furnish to Lender all notices of amounts due under this paragraph and, in the event Borrower shall make payment <br />directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly <br />discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, and Borrower <br />shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Property. <br />Without Lender's prior written consent, which may be withheld in Lender's sole and absolute discretion (unless <br />specifically provided to the contrary in this Instrument), Borrower will not permit or allow any lien inferior to this <br />Instrument to be perfected against the Property. <br />5. HAZARD INSURANCE. Borrower shall keep the improvements now existing or hereafter <br />erected on the Property insured by carriers at all times satisfactory to Lender against loss by fire, hazards included <br />within the term "extended coverage," rent loss for not less than one year's gross income from the Property, and such <br />156698 -1 -3- <br />