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-.1 <br />87- 103863 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />11. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, pr epa ment and late charges as provided in the Note, and the principal of and interest on <br />any Future Advances secured by the of Trust. <br />2. Fundisilof Taxer and Insurance. Subject to applicable law ortoa written waiver by Lender, Borrower shall pay toLender <br />on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein <br />"Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Dead of Trust, and <br />ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of <br />early 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 anTbills and reasonable estimates thereof. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed, by Federal or state <br />agency (including Lender if Lender is such an institution). Lender shall apply the funds to pay said taxes, assessments, <br />insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account <br />or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law <br />permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust <br />that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicaive law requires such <br />interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to <br />for <br />Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose <br />debit to the Funds The Funds for the by this Deed <br />which each was made. are pledged as additional security sums secured of <br />Trust. <br />It the amount of the funds held by Lender, together with the future monthly installments of Funds payable prior to the due <br />dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, <br />assessments, insurance premiums and ground rents 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 of Funds. If the amount of the Funds held by <br />Lender shall not be sufficient to taxes, assessments, insurance and rents as they fall due. Borrower shall <br />pay premiums ground <br />Cy to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to <br />rrower requesting payment thereof. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by <br />Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, <br />no later than immediately prior to the sale of the Property or its acquisition by Lender, and Funds held by Lender at the time of <br />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 the Note <br />and paragraphs 1 and 2 hereof shall be applied by Lender first in of amounts to Lender by Borrower under <br />payment payable <br />paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on <br />any Future Advances. <br />4. Charges; Ll*ns. Borrowers shall pay all taxes, assessments and other charges, fines and impositions attributable to the <br />Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, it any, in the manner <br />provided under paragraph 2 hereof or, it not paid in such manner, by Borrower making payment, when due, directly to the <br />payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event <br />Borrower shall make payment directly. Borrower shall promptly furnish to Lender receipts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower shall not be <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by Bach <br />lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal <br />proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage". and such other hazards as Lender may require <br />and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of <br />such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. <br />This insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, 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 hereof or, it not paid in such manner, by Borrower making payment, when due, directly to the insurance <br />carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a stpndard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and <br />"g <br />Borrower shall promptly furnish to Lender all renewal noticesand all receipts of paid premiums. In the eventoftoss. Borrower <br />shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not 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 />Property damaged, provided such restoration of repair is economically feasible and the security of this Deed of Trust is not <br />thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be <br />impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to <br />Borrower. If the Property is abandoned by Borrower, or it 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 or to <br />the sums secured by this Deed of Trust. <br />m <br />Unless Lender and Borrower otherwise agree writing, any such application of proceeds to principal shall not extend or <br />postpone the due date of the monthly install nis referred to in paragraphs 1 and 2 hereof or change the amount of such <br />installments. It under paragraph 18 hereof the Property is acquired by Lender, all right title and interest of Borrower in and to <br />any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition <br />shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiurns; planned Unit Devellopmearlis. Borrower shall <br />keep the Prop" in good repair and shall not commit waste or permit impairment of deterioration of the Property and shall <br />comply with the provisions of any lease it this Deed of Trust is on a leasehold. It this Deed of Trust is on a unit in a condominium <br />or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants <br />creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or <br />fanned <br />planned unit development, and constituent documents. It a condominium or planned unit development rider is excuted by <br />together this Deed Trust, <br />and recorded with of the covenants and agreements of such rider shall be incorporated <br />into and shall amend and supplement the covenants and agreemen,3 of this Deed of Trust as if the rider were a part hereof. <br />7. Protection of Lender's Security. if Borrower fails to perform flne covenants and agreements contained in this Deed of <br />Trust, or if any action or proceeding is commenced with materially affects Lender's interest in the Property, including but not <br />limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, <br />then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such <br />action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and <br />entry upon the Property to make repairs. It Lender required mortgage insurance as a condition of making the loan secured by <br />the Deed of Trust Borrower shall pay the premiums required to maintain such insurance in effect until such time as the <br />requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicalbe law. <br />Borrower shall pay the amount of all mortgage insurance permiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender to this 7, with interest thereon, shall become additional <br />pursuant paragraph <br />indeb*dness; of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment hereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest <br />at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any <br />action hereunder <br />11. Inspecdon. Lender may make or cause to be made reasonable entries upon and inspections of the Pr provided <br />that Lendw Borrower re161 <br />t. <br />shall give notice prior to any such inspection specitying reasonable cause therefore Lender's <br />interest in the Property. <br />-.1 <br />