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,4 0044 <br />to be paid, Lender shall be required to t as Borrower an interest or earnings an the Funds_ Linder shall' <br />� �interest <br />t charge, an Dual accounting of the Funds s.hO -ing edits debits to the Funds and the purpose for which each <br />d�it to the Frmds was made. The Funds are pledged as additional security for the sutras secured by this Deed of Trust. <br />if the amount of the Fusels held by Leader. together with the future monthly insuiiments of Funds payable prior to the due dates of taxes, <br />r <br />i its, insurance pmaitmts and ground rents. shall exceed the amount required to pay said taxes, Assessments, insurance premiums and <br />i Srwml tea as they fall doe, such excess slap be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly <br />sastallasents of Flails. if the ani aam of the Funds held by Leader shall not be sufficient to pay taxes, assessments, insurance premiums and <br />Vaned. as they fall dux. Borrows shall pay to Lender any amount necessary to make up the deficiency within 30 days from the due notice <br />a mailrnl by !.ender to Borrower requesting payment thereof. <br />by this Deed of Trust. Larder shall promptly refund to Borrower any Funds held by Lander. If <br />Ulm payment in full of all sums secured <br />tmda paragraph It 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 Lender, any Funds held by Lender at the time of application as a credit against the sums <br />secured by this Deed of Test. <br />3, Agpieatian at Paymeass. Unless applicable law provides otherwise, all payments received by Lender under the Mote and paragraphs I <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest <br />payable on the Nate, then to the principal of the Note, and then to ingest and principal on any Future Advances. <br />4. Cbasgi s; Edema. Borrower shall pay all taxes, assessinente and other charges. fuses and impositions attributable to the Property which <br />may attain a priority lover this Deed of Trust. and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof <br />at. if mfr 'paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to <br />Leader all notices of amounts due 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 Decd of Trust; <br />provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the payment of the <br />obligation secured by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such liar <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Heard Iwreace. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, <br />hazards included within the term "extended coverage ", and such other hazards as Lender may require and in such amounts and for such periods <br />as Leader 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 curter providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval <br />shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided tender paragraph 2 hereof or, if not <br />paid in such mumer, by Borrower making payment, when due, directly to the insurance carrier. <br />An insurance policies and renewals thereof shall be in fount acceptable to Lender and shall include a standard mortgage clause in favor of <br />and in form acceptable 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 all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. Leader may stake proof of loss if not made promptly by Borrower. <br />Unless Leader and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />dtemaged, provided such restoration or repair is economically fusible 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 Decd of Trust would be impaired, the insurance proceeds shall be <br />applied to the stnns 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 carrier offers to <br />settle a dairy for insurance benefits. Lender 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 Decd of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extena or postpone the due <br />doe of the monthly iffitallmonts referred to in paragraphs I and 2 hereof or change the amount of such installments. If under paragraph 18 <br />hereof the property is wired by Lender. all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds <br />ibereof 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 i>mmediuehy prior to such sale or acquisition. <br />IL risen 0 inn and Illainle•enoe of Prop"; L,esseyo{is-, Condominiums, Planned licit Develep•eata. Borrower shall keep the <br />Property m good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions <br />of my lase if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower <br />shod perform all of Borrower's obligations tinder the declaration or covenants creating or governing the condominium or planned unit <br />derdopmcet, tie by -laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or <br />phased unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider tiball be incorporated into and shall amend and supplement !he covenants and agreements of this Deed of Trust as if the rider were a pan <br />bereof. <br />7. Psossesbn of Lea&ws sccurity. 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 mote such appearances. disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />act limited to, disbursement of reasonable attorney's fens and entry upon the Property to make repairs. If Lender required mortgage insurance <br />as a condition of making the loan secured by this Deed 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 anon disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall became additional indebtedness of Borrower <br />secured by this Deed of Treat. Unless Borrower and Leader agree to other terns of payment, such amounts shall be payable upon notice from <br />Leander to Borrower requesting payment thereof, and stall 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 even such amounts <br />rum interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />expense or tale any action hereunder. <br />S. 11 n1 ae1 Lerida may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall <br />give Borrower notioe prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br />!. Couiemursiw. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or <br />>` <br />tp <br />ether taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to 1. ender. <br />In the event of a total citing of the Property, the proceeds shall be applied to the sums secured by this Deed of Trmt, with the execs., <br />;aid to Borrower. In the event of a partial taking of the Property, unless Nnrrowrf and ,.ender orher%ice agree m writing, there shall he appirecl <br />to rho ^umd inured try this Deed cif I east such propouuon of the pr( eed; as ;, rquai to 0, hat rrt,,4)r1;on a hi,h Ihr alroun he >ums .raver.! <br />M, <br />