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86- 105197 <br />applicabie law requirev such mtcre..i ;c l+e paid. Lender shall not he required to pay Borrower any interest or earnings on the Funds. Lender shall <br />__._err accounirg of the Funds showing cr^di --ls and debits to the Funds and the purpt+se for hiufi 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 +^stnm^Ats of Funds payable prior to the due dates of taxi. <br />assessments. msuranor premiums and ground rem , shall exceed the amount reeptired to pay said tam, asses, nisurancr premiums and <br />ground trots as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly <br />insuallmmu of Funds. If the amount of the Funds held by Linder shall not be sufficient to pay taxes, assessments, insurance premiums and <br />ground rants 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 stints secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lauder. if <br />under paragraph I hereof the Property is sold or the Property is otherwise acquire! by Lender, Lender shall apply, no later than immediately <br />prior to the sak of the Property or its acquisition by Lender, any funds held by Lander at the time of apptic abort as a credit against the Sums <br />secured by this Deed of Trust. <br />3. Application of Payssaoss. Unless applicable law provides otherwise, all payments race ved by Lender under the Note and paragraphs I <br />and 2 hereof shall be applied by Lender fast 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 inner and principal on any Furure Advances. <br />t. CYages; l3e=_ Borrower shall pay all taxes, assessments and other charges, fitter 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 />Leader all notices of amounts due under this paragraph, and in the even 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 it= so long as Borrows shall agree in writing to the payment of the <br />obligation secured by such hen in a manner acceptable to Lender. cr shall in good faith contest such lien by, or defend enforcement of such lien <br />in, legal proceedings which operate to prevent the cnforoemem of the lien or forfeiture of the Property or any part thereof_ <br />5. Howard Iaaataam. Borrower shall keep: the improvements now existing or hereafter erected on the Property insured against loss by fine. <br />within the term "e -tended coverage", and suer. other fiazards as Lender tray require and it.. such amounts and for such periods <br />as Linder may require. provided, that Lender shall not require that the ameum 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 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 under paragraph 2 hereof or. if rot <br />paid in such manner, by Borrower making payment, when due, directly to' he insurance carrier. <br />All insurer= policies and renewals thereof shall be in form acceptable to Linder 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 --arncr and <br />Lender. Linder may snake proof of loss if not made promptly by Borrower. <br />Unim I ender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property <br />damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If tech <br />restoration or reps is net economically feasible or if the security of this Deed of Tom would be impaired, the insurance proceeds shall be <br />applied to the surat secured by this Dad of Trust, with the access, if any, paid to Borrower. If the Property is abandoned by Borrower, or if <br />Borrower fah to respond to Linder within 30 days from the date notice is mailed by Lender to Borrower that the insurance c:amt r offers W <br />settle a claim for insurance benefits, Linder is authorized to collect and apply the insurance r rocceds at I an 's option errs to restoration or <br />repair of the Property or to the sums secured by this Deed of T-=. <br />UTian Lander and Bar rows otbc wise as = in wciuug, any such application of proceeds Lo opal shall not extend nd or poSioir the ate <br />date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such insudbilrents. if under paragraph 18 <br />hereof the Property is acquired by Linder, 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 secured by this Dead <br />of Trust immediately prior to such sale or acquisition. <br />6. Ptezes,, a and IMdNaaaave of Property: Lmel ohs; C sdoaidtma; Plaae.ed Unit ITevdogaw4. Harrower shall keep the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions <br />of any lease r this Deed of Trust is on a leasehold- if this Deed of Trust A on a unit in a condominium or a planned unit development, Borrower <br />shall perform all of Borowe's obligations under the aeciaration or araenants mating or governing the condominium or planned unit <br />development. =he by-laws and regulations of tine wndouunium or planned unit development. and constituent documents. If a condominium or <br />planned unit development rider is executed by Borrower Std recorded Together with this Deed of Trust, the envmants and agreements of such <br />rider shall be incorporated into and shall amend and suppiemrnt the covasanu and agreements of this Deed of Trust as if the rider were a part <br />hereof. <br />3. Protection of Leader's Seevhy. if Bozo %ct tails at per term the cosenatus and agreements containea in ,his Deed of Trust, or if any <br />action or proceeding is commented which materia ly affcc-ts Lcnae*'z intense in the Property, including, but not limited tc, rem +Went domain <br />irsohency, code enforcement, or arrangements or proceedings msai mg a bank -ups nr dectacnt, ;h ^- Lender a: Len der < option. upon notice <br />to Borrower, ma} make such appearances, disburse such Burris and ,Ac ;tech acton as as necessar to pr, -sec:: vender s interest, including, but <br />not limited to. disbursement of reasonable alto ney's fees and entry upon the Property to mast rcpalrs, i Lender requi;ec mortgage msuran; <br />as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the pr- -nuumF refit i>ed to maintain such insurance in effect <br />until such Time a4 the .requirement for such ;nsi rance ,s: ;main ;_ accordance with Borrower', and Lena --', written agreement or applicable <br />law, Borrower snail pay the amount of all mortgage insurance premiums in the ma =ever provided under paragrap. ^.::rereof. <br />Amy amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, snail bea,ome additional indebtedness of Borrower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to other terms 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 to time on <br />outstanding principal tinder the Note unless payment of interest at such rate would be contran to applicable paw, in which event such amounts <br />shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph ? shall require Lender to incur any <br />expense or Take any action hereunder. <br />5. Inspec"a. Lender may make: or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall <br />give Borrower notice prior to any such inspection specifying reasonable cause therefor minted to Lender's interest in the Property- <br />9. Condenna6m. The proceeds of any award or claim for damages, dire: at consequential, in connection with any condemnation, u; <br />other taking, of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shalt be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall he applied to the sutra secured bs thus feed of l rust, with the cxccss. x' <br />paid to Borrower. In the event of a partial taking of the Property_ unless Borrowv and Lender otherwise agree in %riling, there shall he appbcd <br />to the sums secured by this Dead of Trust such proportion of the procestxis as is equal to that propxli errin w his n the amount of the sums we:Urrc: <br />