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86- 104994 <br />It' Borrower pays Funds to Lender, the Funds shall he held in an institution the deposits or accounts of which are <br />insured or guaranteed by a Federal or state agency [including Lender if tender is such an institution), Lender shall apply <br />the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding <br />and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. unless Lender <br />pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and tender <br />may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, <br />and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required <br />to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual <br />accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit. to the Funds was <br />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 [.ender, together with the future monthly installments of Funds payable prior to <br />the due dates of taxes. assessments, insurance premiums and ground rents, shall exceed the amount required to pay said <br />taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be. at Borrower's option. <br />either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the <br />Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fait. <br />due. Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender <br />may require. <br />Upon payment in full of all sums secured by this Deed of Trust. Lender shall promptly reform to Borrower any " <br />Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by <br />Lender. Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any <br />Funds held by Lender at the time of 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 <br />the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to tender by <br />Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Nate. <br />4. Prior Mortgages and Deeds of Trust; Charges; Leas. Borrower shall perform all of Borrowers obligations <br />under any mortgage. deed of trust or other security agreement with a lien which has priority over this Deed of Trust. <br />including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taus, <br />assessments and other charges. fines and impositions attributable to the Property which may attain a priority over this <br />Deed of Trust. and leasehold payments or ground rents, if any. <br />S. Hazard insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage". and such other hazards as Lender <br />may require and in such amounts and for such periods as Lender may require: <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender: provided. <br />that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form <br />acceptable to tender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. <br />Lender shall have the right to hold the policies and renewals thereof. subject to the terms of any mortgage. deed of trust <br />or other security agreement with a lien which has pnority over this Deed of Trust. <br />In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss if not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or if 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 Lenders option either to restoration or repair of the <br />Property or to the sums secured by this Deed of Trust, <br />6. Preservation and Maintenance of Property: team*"; Condominiums: Planned Unit Developments. Bor- <br />mwer shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the <br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is <br />on a unit in a condominium or a planned unit development. Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and " <br />regulations of the condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. If Borrower tails to perform the covenants and agreements contained in this <br />Deed of Trust. or if any action or proceeding is commenced which materially affects Lender's interest in the Property. <br />then Lender, at Lender's option, upon notice to Borrower. may make such appearances, disburse such sums. including <br />reasonable attorneys' fees. and take such action as is necessary to protect Lender's interest_ If Lender required mortgage <br />insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to <br />maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with " <br />Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to <br />other terms of payment, such amounts shall he payable upon notice from Lender to Borrower requesting p- yrneat <br />thereof. Nothing contained in this paragraph . shall require Lender to 'incur any expense or take any action hereunder. <br />8. inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property. <br />provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor <br />related to Lender's interest in the Property. <br />-_ -_ 9, Condemnation. The proceeds of any award or claim for damages_ direct or consequential- in connectisxi with <br />any condemnation Or other taking of the Property, or part ihereof, oe for �,nveyanct in heu of c indemnartim, are <br />hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed tit trust or other security agree- <br />ment with a lien which has priority over this Deed of Trust. <br />10, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of <br />Borrower shall not operate to release. in any manner. the liability of the original Borrower and Borrowers successors in <br />interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for pas <br />meat or otherwise modify amortization of the sums secured bs this Deed of Trust by reason A ana demand made hi the <br />original Borrower and Borrowers ,ux"ssors in mterest. An% forbearance bN Lender in exercising aoy right .,r re ^:edi <br />hereunder. or othcmi r a €t+xdrd hi 1pJJIMahlC law, shall oitt '.W a ;+alter of �r preclude the vxvrcisw io .ins tuch FI&I ,r <br />reme {Iv <br />11. Sucioruors and Assigns Hound; Joint and Srrrrsl Llabflity; Co-irigntrs. 111 <br />hf °rem :null, ii_. ihr rrs(?ea :a +' „i,:ess. +r. 1n,{ <br />- fi;,rr„w r ,_ _ -, t t,, rF e pr­­ ,n, .I In hcrt,t . y,,i r,iti, °ii ant.,trnf - 11,­T <br />.a ^.. .i it .I; - - >• �t a.,, , .:gn, -fi :lam. :l . =# lratsi i, a.i _, ., °r,= =rt air 't,. -'s,,, ',i "... ,rf;r ,i.;< .1; -, tYr ,i . -.r -, <br />- z.- _.-- •'II,, ='af -0,1,.t. Ott. 1'tol wrt. to frif"J.e <br />