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<br />(' <br /> <br />" <br /> <br />UNIFORM COVENANTS. Trustor and Lender covenant and agree as follows: 2 0 0 70 2 0 97 <br /> <br />1. payment of Principal and Interest. Trustor shall promptly pay when due the principal and interest <br />indebtedness evidenced by the Note and late charges as provided in the Note. <br /> <br />2. Taxes, Assessments, and Charges. Trustor shall payor cause to be paid all taxes, assessments, and other <br />charges, fines and impositions attributable to the Property which may attain priority over this Deed of Trust, and <br />leasehold payments or ground rents, if any. <br /> <br />3. Application of Payments. Unless applicable law provides otherwise, Lender will apply payments in <br />accordance with the Note hereby secured. <br /> <br />4. Prior Mortgages and Deeds of Trust; Charges; Liens. Trustor shall perform all of Trustor's obligations <br />under any Mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, <br />including Trustor's covenants to make payments when due. <br /> <br />5. Hazard Insurance. Trustor shall keep the improvements now existing or hereafter erected on the property <br />insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender <br />may require and in such amounts for such periods as Lender may require. <br /> <br />The insurance carrier providing the insurance shall be chosen by Trustor 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 include 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 the Deed of Trust. <br />~......_' __'_~ I~the _event of loss,Iru&tg[sl1aI!Jl,y~I)n;~mpt r)9!igU2"t~~~~ffi1~~rrier and, LendeE_.Lender may make proof <br />of loss If not made promptly by Trustor. _-w.~_...-- <br /> <br />If the Property is abandoned by Trustor, or if Trustor fails to respond to Lender within 30 days from the date notice <br />is mailed by Lender to Trustor that the insurance carrier offers to settle a claim for insurance benefits, Lender is <br />authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or <br />to the sums secured by this Deed of Trust. <br /> <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Trustor shall keep the Property in good repair and shall not commit waste or permit demolition, impairment, or <br />deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If <br />this Deed of Trust is on a unit in a condominium or a planned unit development, Trustor shall perform all of Trustor's <br />obligations under the declaration and covenants creating and governing the condominium or planned unit development, <br />the by-laws and regulations of the condominium or planned unit development, and constituent documents. <br /> <br />7. Protection of Lender's Security. If Trustor 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 Trustor, 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 <br />Mortgage insurance as a condition of making the loan secured by this Deed of Trust, Trustor shall pay the premiums <br />required to maintain such insurance in effect until such time as the requirement for such insurance terminates in <br />accordance with Trustor's and Lender's written agreement or applicable law. <br /> <br />Any amounts disbursed by Lender pursuant to this Paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and Lender agree to other <br />terms of payment, such amounts shall be payable upon notice from Lender to Trustor requesting payment thereof. <br />Nothing contained in this Paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br /> <br />8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Lender shall give-:rrustor notice prior to any such lnspectioo_sQeGifying reaso}1able cause therefor related to <br />Lender's interest in the Property. <br /> <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender subject to the terms of any Mortgage, deed of trust or other security agreement with <br />a lien which has priority over this Deed of Trust. <br /> <br />10. Trustor Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of <br />Trustor shall not operate to release, in any manner, the liability of the original Trustor and Trustor's successors in interest. <br />Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or <br />otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original <br />Trustor and Trustor's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. <br /> <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements <br />herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and <br />Trustor, subject to the provisions of Paragraph 16 hereof. All covenants and agreements of Trustor shall be joint and <br />several. Any Trustor who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of <br />Trust only to grant and convey that Trustor's interest in the Property to Trustee under the terms of this Deed of Trust, (b) <br />is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and any other Trustor, <br />hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this <br />Deed of Trust as to that Trustor's interest in the Property. <br /> <br />12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to <br />Trustor provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by regular mail <br />addressed to Trustor at the Trustor's address stated herein or at such other address as Trustor may designate by notice <br />to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated <br />herein or to such other address as Lender may designate by notice to Trustor as provided herein. Any notice provided <br />for in this Deed of Trust shall be deemed to have been given to Trustor or Lender when given in the manner designated <br />herein. <br /> <br />13. Governing law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of <br />the jurisdiction in which the property is located, except that if the Note specifies the law of a different jurisdiction as <br />governing, such law shall be the applicable law governing the interest rate, fees, charges, and other terms of the credit <br />transaction secured hereby. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. <br />In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall <br />not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, <br />and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", <br />"expenses", and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. <br /> <br />14. Trustor's Copy. Trustor shall be furnished with and acknowledges receipt of a conformed copy of the Note <br />and of this Deed of Trust at the time of execution or after recordation hereof. <br /> <br />NEA442 (7-13.03) Mortgage <br />