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<br />~,.J <br /> <br />200800129 <br /> <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 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 shall pay <br />to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in <br />full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condo- minium and <br />planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on <br />the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly <br />premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by <br />Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to <br />make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior <br />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 which are <br />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 taxes, assessments, insurance premiums and ground rents. Lender may not charge for so <br />holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless <br />Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and <br />Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to <br />Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shail not be <br />required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an <br />annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the <br />Funds was made. The 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 to <br />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 <br />option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of <br />the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as <br />they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments <br />as Lender may require. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any <br />Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by <br />Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any <br />Funds 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 trust or other security agreement with a lien which has priority over this Deed of Trust, <br />including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, <br />assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this <br />Deed of Trust, and leasehold payments or ground rents, if any. <br />5. Hazard Insurance. Borrower 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", flood and such other hazards as <br />Lender may require and in such amounts and for such periods as Lender may require. <br />The insurance carrier providing the insurance shall by 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 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 this Deed of Trust. In the event of loss, Borrower shall <br />give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by <br />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 is <br />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 Deed of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. <br />Borrower shall keep the Property in 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 is <br />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 /> <br />fit <br /> <br />ENE204 revised 1012001 (LASER) 6849LL <br />