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$6-- 103650 <br />applicable la%rpluirea such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give to Burrower; without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each <br />debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />Jr the am u nt of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and <br />ground rents as they fall due, such excess shall be, at Borrowers option, either promptly repaid to Borrower or credited to Borrower on monthly <br />installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and <br />ground rem as they fall due, Borrower shall pay to Lender any amount necessary to makeup the deficiency within 30 days from the date notice <br />is mailed by Leader to Borrower requesting payment thereof. <br />Upon payment in full of all sums secured by this Deed of Trust, tender shall promptly refund to Borrower any Funds held by Lender. If <br />under paragraph 18 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 Leader an the time of application as a credit against the sums <br />secured by this Deed of Trust. <br />3. Application of Paymeats. Unless applicable law provides otherwise, ali payments received by Lender under the Note and paragraphs I <br />and 2 hereof shalt 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 Note, then to the principal of the Note. and then to interest and principal on any Future Advances. <br />4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which <br />MAY attain a priority over this Deed of Trust, and leasehold payments or ground rents, if' any, to the manner provided under paragraph 2 hereof <br />or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to <br />Lender 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 Deed of Trust; <br />provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in wnting 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 lien <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Hazard lat enact. 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 ntav 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 subdect 10 approval by Lender; provided, that such approval <br />shall not be unreasonably withheld. All premiums on insurance policies shall he paid in the manner provided under paragraph 2 hereof or, if not <br />paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Ixnder and shall include a standard mortgage clause in favor of <br />and in form acceptable to Lender. 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. Lender may make proof of loss it not made promptly by Borrower <br />Unless Lender and Borrower otherwise agree in writing, insurance Proceeds shall he applied to restoration or repair of the Property <br />damaged, provided such restoration or repair u ececiomicalfy 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 Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to <br />settle a claim 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 secuted by this Dead of Trust. <br />Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I and 2 hereof of change the aniount of such installments. If under paragraph Ig <br />hereof the Property is acquired by Leader, All right, title and interest of Borrower in and to any insurance policies and in and to the proceeds <br />thereof resulting from damage to the Property prior to the We or acquisition ,hall 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. Preaanattoa Bad MialateaBaee of PrupertY; Ltguchoids; Coadanlafums; Planted Unit Developatents. Borrower shall keep the <br />Property in good repair and shall not commit waste of permit Impairment or deterioration of the Property and shall comply with the provisions <br />Of any lease if this Decd of Trust is on a leaxhoid. It this lleai of Trust :s on a unit 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 Icy -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 Iced of Trust, the covenants and agreements of such <br />rider shill be incorporated into and shalt amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part <br />hereof. <br />7. Prstaetfon of Leader's Security, If Borrower fails 10 perform the covenants and agreements contained in this Dead of Trout, or if any <br />Baton or procading is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, <br />1tllotveaCY. code enforcement, or arrangements of proceedings Involving a bankrupt or decedent, then Lender at Lender's option, ..Pon 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 fitnited to, disbursement of reasonable artotney's fees and entry upon the Property to make repurs. 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 Lenders written agreement or applicable <br />Darr- 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 1, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Dftd of Trust. unless Borrower and Lender agree to other terms of payment, such amounts shall he 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 />vutPA" tg Principal under the !vote unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />d" bear irterest at the highest rate Permissible under applicable law. !Notting contained in this paragraph 7 shall require Lender to incur anv <br />catxnse or take any Action hereunder <br />g. laepaeMaa. Lander may make or cause r,n be made reasonable entries upon and ins <br />Elise Fhrtower txXiCePrior to any such ins d 10 1 cs a the Property, provided that i.endct shall <br />inspection specifying rcascuiabie cause therefor related to !.toiler's Interest to the Properly <br />1. f'Awmemaali". The proceeds of any award or claim 1'13r damages, durcl nr con <br />tether taking of the property. csr sequrnuai, in connection with ar,. n,ndrmnatav, <br />tper fort there, t c e tmr sr,nvevam: in lieu nr .,,ndemnation, are hereby assigned and half tx ,aid to I coder <br />In rhtevetat of a t(mtal taking I%# the Props v. the prfwv%Nit shall IV applied t,+ afie suto%,toured be this [hv.•d (if artier. u)th tote rsscss, it ant <br />Paid cis Wwrs;rcr in the event <,f a Partial taking of Erie Proper +.y unless Borrower mild I Crider .•t hers r r otrrre ,n wri;.ny ' here ,hall he a ,JNI; rl <br />tti the twna at-y'red is" this f}red ,?d T ^ust such rsr'i?I'✓•aru,•ta ref rho pme:er�ds as �q rri err +d tar ihxt ;,; „p. a•,,,,. ,, nr,.h •hr a , , <br />'hC ,urn. se+. u•Cri <br />_. <br />