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87_ 100538 <br />applicable law requires such interest to be tad, Lender shall out be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give to Borrower, without charge, an annual accounting of the Funds showing netts and debits to the Funds and the purpose for which each <br />d" to the Funds was made. The Funds arc plc W u additional security for the sums seated by this Dad of Trust. <br />If the amount of the Funds held by L ender, together with the future mombly installments of Funds payable prior to the due dates of taxes, <br />r asusuawts, insurance premiums and ground rents. shall exceed the amount Mae! to pay said taxes, assessments, insurance premiums and <br />ground rats as they fall due, such excess shall be, at Borrowees options, either promptly repaid to Borrower or credited to Borrower on monthly <br />installments of Funds. if the amount of the Funds bold by Lender shag not be sufficient to pay tatters, assesstoenu, insurance premiums and <br />ground reins as they fag due. Borrower shag pay to Leader any amount necessary to make up the deficiency within 30 days from the date notice <br />is mulled by Lender to Borrower regmestma payment thereof. <br />Upon payment in fug of an sums secured by this Deed of Trust. Lerida shall promptly refund to Borrower any Funds held by Larder. If <br />under paragraph IS hereof the Property is sold or the Property is otherwise acquired by Lender. Lender shall apply, no later than immediately <br />prior to the sale of the Property or its acquisition by Leander, any Funds held by Lender at the time of application as a credit against the sums <br />secured by this Deed of Trust. <br />3. Appoceden of puy,emb. Unless applicable law provides otherwise. all payments received by Lender under the Noe and paragraphs I <br />and 2 hereof shall be applied by Lender runt in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest <br />payable on the Noe, then to the principal of the Note, and Herr to interest and principal on any Future Advances. <br />4. aMrM Lkms. Borrower shah pay all taxes, assessments and other charges, fines and impositions attributable paragraph 2 hereof <br />may attain a priority over this Deed of Trust, and leasehold payments or grand rents, if any, in the manner provided <br />or, if not paid in such manna, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to <br />Lender all notices of amounts dux under this paragraph, and in the event Borrower shall make payment directly. Borrower shall Promptly <br />furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Dad of Trust; <br />provided. that Borrower shall not be required to discharge any such lien so tons as Borrower shag agree in writing to the Payment of the <br />obligation secured by such lien in a manner acceptable to Lender, or shag in good faith contest such lien by, or defend enforcement of such lien <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any put thereof. <br />S. Hasard fawaaee. Borrower shall keep the improvements now existing or hereafter erected on the Property irisured against loss by fire, <br />hawds included within the term "extended coverage ". and such other Wards as Lender may require and in such amounts and for such periods <br />as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay <br />the sums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall be chosen by Borrower in to approval by Lender: provided, that such approval <br />shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manna provided undo paragraph 2 hereof or, if not <br />paid in such manner. by Borrower making payment, when dux, directly to the insurance carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause to favor of <br />and in form acceptable <br />to Leader. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to <br />Lender all renewal notices and an receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless i mder and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged. provided such restoration or repair is economically <br />feasible and the security of this Deed of Trust is not thereby impaired. If such <br />restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired. the insurance proceeds shall be <br />applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. if the Property is abandoned by Borrower, or if <br />Borrower fails to respond to Leader within 30 days from the date notice is mailed by Lender to Borrower that the insurance antes offers to <br />settle a claim for insurance benefits, Leader is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such apparition of proceeds to principal shag not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments. if under paragraph I8 <br />hereof the Property is acquired by L ender, all night, title and interest of Borrower in and to any insurance polite and to and to the proceeds <br />thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed <br />of Trust immediately prior to such sale or acquisition. <br />6. presenatlem and MmlNwama of peeper y; LemeheW ; FMOMW Usk Desda/aamb• Borrower span keep the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shag comply with the provisions <br />of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a runt in a condominium or a planned unit development, Borrower <br />shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit <br />development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or <br />planned unit development rider is executed by Borrower and recorded together with this Dad of Trust, the covenants and agreements of such <br />rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a put <br />hereof. <br />7. protection of Leader's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any <br />action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, <br />insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice <br />to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />not limited to, disbursement of reasonable attorney's fees and entry upon the Property to snake repairs. If Lender required mortgage insurance <br />as a condition of malting the loan sacred by this Dad of Trust, Borrower shall pay the premiums required to maintain such insurance in effect <br />until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Dad of Trust. Unless Burrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on <br />outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />expense or take any action hereunder. <br />g. las*setdea. Leader may nuke or cause to be trade reasonable entries upon and inspections of the Property, provided that Lender shall <br />give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br />9. Caadem wd m. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or <br />other taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess. if any. <br />paid to Borrower. In the event of a partial taking of the Property. unless Borrower and Lender otherwise agree in writing, there shall be applied <br />to the sums secured by this teed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums scouted <br />ene <br />r <br />