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<br />88- 104340 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenanl and agree as follows: <br /> <br />1. Peymenl 01 Principel end Inleresl. Borrower shall promplly pay when due the principal of and Inlerest on Ihe <br />indebledness evidenced by the Note, prepaymenl and late charges as provided In the Nole, and the principal of and Interest on <br />any Fulure Advances secured by the Deed of Trust. <br /> <br />2. Fund.lorTex..end In.uranca. Subjeclto applicable law or 10 a written waiver by Lender, Borrower shall pay 10 Lender <br />on the day monlhly Inslallments of principal and Interest are payable under the Note, unlllthe Nole is paid In full, a sum (herein <br />"Funds") equal 10 one-twelfth of Ihe yearly taxes and assessments which may attain priority over this Deed of Trusl, and <br />ground renls on the Property, If any, plus one-twelfth 01 yearly premium installmenls for hazard insurance, plus one-twelfth of <br />yearly premium installments for mortgage Insurance, If any, all as reasonably estlmaled Initially and from time to lime by <br />Lender on the basis of assessments and bills and reasonable estimates thereof. <br />The Funds shall be held in an Institution the deposits or accounls of which are Insured or guaranleed, by a Federal or state <br />agency (Including Lender if Lender Is such an Inslllutlon). Lender shall apply the funds 10 pay said taxes, assessmenls, <br />Insurance premiums and-gfound rents. Lender may not charge for so holding and applying Ihe Funds, analyzing said accounl <br />or verifying and compiling said assessments and bills, unless Lender pays Borrower Interastun the Funds and applicable law <br />permits Lender 10 make such a charge. Borrower and Lender may agree In writing atthe time of execution of this Deed olTrust <br />that inlerest on the Funds shall be paid to Borrower, and unless such agreement is made or applicalblllaw requires such <br />Interest 10 be paid, Lender shall nol be required 10 pay Borrower any interest or earnings on the Funds. Lender shall give to <br />Borrower, wllhoul charge, an annual accounting of Ihe Funds showing credits and deblls 10 the Funds and Ihe pUrf)ose for <br />which each debltto the Funds was made. The Funds are pledged as aadlllonal security lor the sums secured by Ihis Deed 01 <br />Trust. <br />If the amounl of the lunds held by Lender, together with the luture monthly Installments 01 Funds payable prior to the due <br />dates 01 laxes, assessments, insurance premiums and ground renls, shall exceed the amount required to pay said taxes, <br />assessmenls, Insurance premiums and ground renls as they fall due, such excess shall be, at Borrower's option, either <br />promptly repaid to Borrower or credited to Borrower on monthly Installments 01 Funds. lithe amount 01 the Funds held by <br />Lender shall nol be sufficienllo pay laxes, assessments, insurance premiums and ground renls as they fall due. Borrower shall <br />pay to Lender any amounl necessary to make up the deficiency within 30 days from the date nollce Is mailed by Lender to <br />Borrower requesling paymentlhereol. <br />Upon paymenl in full of all sums secured by this Deed of Trusl, Lender shall promptly refund to Borrower any Funds held by <br />Lender. II under paragraph 1 B hereof Ihe Property is sold or Ihe Property is otherwise acquired by Lender, Lender shall apply, <br />no laler than Immedialely prior to the sale oflhe Property or its acquisition by Lender. and Funds held by Lender atlhe time 01 <br />application as a credit against the sums secured by this Deed of Trust. <br /> <br />3. Application 01 Paymenl.. Unless applicable law provides otherwise, all payments received by Lender under Ihe Nole <br />and paragraphs 1 and 2 hereof shall be applied by Lender firsl in payment of amounts payable to Lender by Borrower under <br />paragraph 2 hereof,then to inlerest payable on the Note. then to the principal of the Note, and then 10 Interesl and principal on <br />any Fulure Advances, <br />4. Charg..; Lien., Borrowers shall pay all taxes, assessments and other charges, lines and imposillons attributable to the <br />Property which may attain a priority over this Deed of Trust, and leasehold payments or ground renls, il any, in the manner <br />provided under paragraph 2 hereol or, il not paid in such manner, by Borrower making payment, when due, directly to the <br />payee thereol. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the evenl <br />Borrower shall make payment directly, Borrower shall promplly furnish to Lender receipts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority over this Deed 01 Trust, provided, thai Borrower shall nol be <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment 01 the obligation secured by such <br />lien in a manner acceptable 10 Lender, or shall in good faith contesl such lien by, or defend enforcement of such lien in,legal <br />proceedings which operate to prevent the enlorcemtmt of the lien or lorfeiture 01 Ihe Property or any part thereol. <br /> <br />5. Hazard In.urance. Borrower shall keep Ihe improvemenls now exisling or hereafter erecled on the Property insured <br />againslloss by fire. hazards Included within the lerm "extended coverage", and such olher hazards as Lender may require <br />and in such amounts and lor such periods as Lender may require; provided, that Lender shall nol require that the amounl of <br />such coverage exceed Ihat amount 01 coverage required to pay the sums secured by this Deed 01 Trust. <br />This insurance carrier providing Ihe Insurance shall be chosen by Borrower subject to approval by Lender; provlded,that <br />such approval shall not be unreasonably withheld, All premiums on Insurance policies shall be paid In the manner provided <br />under paragraph 2 hereol or, if not paid in such manner, by Borrower making paymenl. when due, directly to the insurance <br />carrier. <br />All insurance policies and renewals Ihereol shall be in form acceptable 10 Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable 10 Lender. Lender shall have the right 10 hold the policies and renewals Ihereof, and <br />Borrower shall promptly furnish 10 Lender all renewal nolices and all receipts of paid premiums. In Ihe event 01 loss. Borrower <br />shall give prompt nollce to the insurance carrier and Lender. Lender may make proof of loss II nol made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the <br />Properly damaged, provided such resloralion or repair Is economically feasible and Ihe security of this Deed 01 Trust is not <br />Ihereby Impaired. If such restoralion or repair is not economically feasible or if Ihe security 01 this Deed 01 Trust would be <br />impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, wilh Ihe excess, II any, paid to <br />Borrower, lithe Property is abando'led by Borrower, or il Borrower fails 10 respond to Lender wllhin 30 days lrom the dale <br />notice Is mailed by Lender 10 Borrower that the insurance carrier offers to sellle a claim lor insurance benefits, Lender Is <br />authorized to collect and apply the insurance proceeds al Lender's option either to restoration or repair 01 the Property or 10 <br />the sums secured by this Deed of Trust <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or <br />postpone Ihe due dale of the monthly installments referred to in paragraphs 1 and 2 hereol or change Ihe amounl 01 such <br />Installmenls, It under paragraph 1 B hereol the Property is acquired by Lender, all right, Iille and Interest of Borrower In and 10 <br />any Insurance policies and In and to Ihe proceeds Ihereof resulting from damage 10 the Property prior 10 the sale or acqulsillon <br />shall pass to Lender 10 the extent 01 the sums secured by this Deed of Trust Immediately prior to such sale or acqulsllion. <br /> <br />B. Preaervation and Malnlenance 01 Property; Lea..hold.; Condomlnluma; Planned Unit Development.. Borrower shall <br />keep the Property In good repair and shall not commit waste or perm II Impairment of delerlorallon of Ihe Property and shall <br />comply wilh Ihe provisions 01 any lease if Ihis Deed 01 Trust is on a leasehold. II this Deed of Trust is on a unit In a condominium <br />or a planned unit development, Borrower shall perform all 01 Borrower's obligations under the declaralion or covenants <br />creating or governing the condominium or planned unit development, Ihe by-laws and regulations 01 Ihe condominium or <br />planned unll developmenl, and constituenl documenls. If'a condominium or planned unit development rider is excuted by <br />Borrower and recorded logelher with this Deed of Trusl, the covenants and agreem:mts 01 such nder shall be Incorporated <br />inlo and shall amend and supplement the covenants and agreements of Ihis Deed of Trust as if the rider were a part hereol, <br /> <br />7. Protection 01 Lender'. Security. II Borrower lails to perform the covenants and agreements contained in this Deed 01 <br />Trusl, or il any action or proceeding is commenced with malerially allects Lender's interest in the Properly, including bul not <br />IImiled to, emlnentdomalO, insolvency, code enforcement, or arrangements or proceedings Involving a bankrupl or decedent, <br />Ihen Lender at Lender's option, upon notice 10 Borrower, may make such appearences, disburse such sums and take such <br />action as is necessary 10 protect Lender's inleresl. including, but not limited to, disbursement 01 reasonable allorney's lees and <br />enlry upon the Property to make repairs. If Lender requiredmortgage Insurance as a condllion 01 making the loan secured by <br />the Deed 01 Trust, Borrower shall pay Ihe premiums required to maintain such insurance in ellect until such lime as the <br />requirement lor such insurance terminates in accordance with Borrower'sand Lender's written agreemenl or appllcalbe law, <br />Borrower shall pay the amount of all mortgage insurance permlums in the manner provided under paragraph 2 hereol. <br />Any amounls diaburaed by Lender pursuanl to Ihis paragraph 7, wllh Interest Ihereon, shall 6ecome additional <br />indeblednesa 01 Borrower secured by this Deed 01 Trust. Unless Borrower and Lender agree to other lerms 01 paymenl. such <br />amounts shell be payable upon notice Irom Lender 10 Borrower requesling paymenl hereol, and shall bear interest from the <br />dele 01 dl8bursementallhe rate payable Irom lime to lime on oulstanding prinCipal under the Nole unless payment 01 interest <br />al such rale would be contrary to applicable law, In which event such amounls shall bear inleresl at the highesl rate <br />permis8ible under applicable law, Nolhlng contained In this paragraph 7 shall require Lenderto Incur any expense or lake any <br />acllon hereunder, <br /> <br />.. Inapectlon. Lender may meke or cause 10 be made reasonable entries upon and inspections or Ihe Properly, provided <br />that Lender shall give Borrower nolice prior to any such inspeclion specifying raasonable cause tharefore related to Lender's <br />inleresl in Ihe Property, <br />