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g6... 104898 <br />applicable law requires 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 Borrower, 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 />if the amount 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 sa{d taxes, assessments, insurance premiums and <br />ground rents as they fall due, such excess shall be, at Borrower's 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 rents as they fall due, Borrower shall pay to Lender any amount necessary to _make up the deficiency within 30 days from the date notice <br />is mailed by Lender to Borrower 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 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 Lender at the time of application as a credit against the sums <br />secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note 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 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, in 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 o>'er this Deed 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 lien <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any par; thereof. <br />5. Hazard insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured agar ut doss 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 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. - The insurance carrier providing the insurance shall he chosen by Borrower subject to approval by Lcrde . snovided, that such approval <br />shall not be unreasonably withheld. All premiums on insurance polities shall be paid in the manner provided under paragraph 2 hereof or, if not <br />paid in such manner, by Borrower making payment, when due, directly— the insurance carrier. <br />All insurance policies and renewals thereof shall tre in tar^ acceptable to Lender and shall include a standard mortgage clause in favor of <br />and in form acceptable to Lender. Lender shall have the tight 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 if not made promptly by Borrower. - - <br />Unless ender and Borrower otherwise agree in writing, insurance proceeds shall be applied io restoration or repair of the Property <br />L <br />damaged, provided such restoration or repair is economically 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 €Ile insurance carrier offers to <br />settle a claim for msurance 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 Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such appy silica of proceeds to principal shall no extend or postpone the due <br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 <br />hereof the Property is acquired by Lender, 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 sale or acquisition shall pass to Lender to the extent of the sums serured by this Deed <br />of Trust immediately prior to such sale or acquisition. <br />6. Preservation and Maintenance of Property; Leuehoids; Condominlnms; Planned Unit Developments. Borrower shall keep the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shah comply with the provisions <br />of an) lease 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 />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 Deed 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 part <br />hereof. <br />7. Protection of Leader's Security. 1f Borrower fails to perform the covenants and ai.rcemcnts 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 limned to, eminent domain, <br />insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent. then Lender at Lenders option, upon notice <br />to Borrower, may make such appearances, disburse such surns and take such action as is necessary to protect Lender's interest, including, but <br />not bmtted to, disbursement of reasonable attorney's fees 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 er appirafiJe <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 pursuam to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to other tests 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 CP time on <br />f outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which e8ent such amounts <br />4 shall bear interest at the highest rate perrnissitiie under apphi :able law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />expense or take any action hereunder. <br />R. Inspection. Lender may make or cause to be trade reasonable entries upon and inspections of the Property, provided that Lender shall <br />give Wit trs-riee prior to any such inspection specifying reasonable cause therefor related is Lender's interest its the Property <br />'r. C'oademnrtinn. The pr [v,etds of n,a;y award err r?aun fit damagee, ducct err conseyucntiat, in cnnn+xuon w,th soy ce�nderttnatxvr. or <br />­hr' taking -4 ire Pr +txrtw. „;wart ctrrrecf, cat err convevarsce to lieu of condemnation, are hereby assigns:! and shall hr ; led to I ender <br />.r!",r,, nrataait III, eng,tt,e1'rotx , n. ale Pr tweeds shall be applied it, I he s,mjt Srcurr'ihyih:,IIced art Tr,ast. 11ana, <br />at -3' dt -., ;wx't -.s .a sir,. -t is rural '.tta�u or the Pt"perty, lintel; Rata r'w -M nJ die jo.ti ihcrw,,r err e r_d <br />t <br />