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86-- l X15287 <br />applicable law requires such interest to he paid, Lerder shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give to Borrow•e., without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each <br />debit tc thr Finds -as made. The Fends arc pledged as additional seettr y for the sums soured by this Deed of Tnm _ <br />If the amount of the Funds held by Lender, together with the future monthly inAallments of Funds payable prior to the due data of taxes, <br />assessments, insurance premiums and ground rents, shall exceed the amourn required to pay said taxes, assessments, insurance premiums and <br />ground ens as they fall due. such excess sr+sll be, at Borrower's option, a.ha- promptly repaid to Borrower or credited to B~ t wer on testy <br />installments of Funds. If the amount of the Funds held by I end& shah not be sufficient to pay truces, assessments, insurance premium 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 sutra 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 ask of the Propem or its acquisition by Lender, any Funds held by Leader at the time of application as a credit rgainst the sums <br />secured by this Deed of Trust- <br />3. Application of Payro sa. Unless applicable law provides othcrwm. all payments received by Ueda under the %ore and paragraphs I <br />and 2 hereof shall he applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 bestaf, thin to interest <br />payable on the Note, that to the principal of the ! vote, and then to interest and principal on any Future Advances. <br />9. []iris; Lisa. Borrower shalt 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 tents, 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 twomptly furnish to <br />Lender all notices of amounts due under this paragraph, and in the even Borrower shall make payment directly, Borrower shall promptly <br />furnish to Lender tempts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trost; <br />provided, that Borrower shall not be required to discharge any such ben so king as Borrower shall agree in wrking to the payment of the <br />obligation secured by such [Len in a manner acceptable to Lender. or shall in good faith contest such heir by, or defend enforcement of such firm <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />5. Hazard lawaaee. Borrower shall keep the improvements now exd cir hereafter erected on the Property insured agaitsst 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 Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of c average required w pay <br />the stunt secured by th.:° Deed of Trost. <br />The insurance carrier providing the insurance shall be chosen by Borrower subjev, to approval I-% Lender, pruvide i, tbat such approval <br />shall not be unreasonably withheld. All premiums on ;nr.rance policies shall be paid in the manner provided under paragraph 2 bereof or. if rot <br />paid in such manna, by Borrower making payment, when die, directly to the insurance carrier. <br />All insurance policies and renewals thereof shall be in form 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 bold the pt and renewals thereof, and Borrower- shall promptly furarrh to <br />Lender all renewal notices and all receipts of paid prer mutts- In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. Lander may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall Lie applied to restoration or repair of the Property <br />damaged, provided such restoration or repair is economically feasible and the secant} of this heed of Trust is not thereby unpaved. If sat= <br />restoration or repair a 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 Dead of Trust, with the wors& if any, paid to Borrower. If the Property is abandoned by Borrower. or if <br />Burrower falls to respond to Lender within 30 days from the date r>ndce is marled by Lender to Borrower that the insurarae carrier offers to <br />settle a,4-'- for insurance benefits, Lender is authorized to collecrand apply the insurance proceeds at Lender's option edxr to, caoraa[m or <br />repair of the Property or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower odun wise agree in writing, any such application of proceeds to principal shall not extend or postpone the clue <br />crate of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments If tender paragraph I8 <br />hereof the Property is acquired by Lender, all right, title and interest of Borrower in :end to any insurance pow and in and to the proceeds <br />thereof resulting from damage to the Property prior to the sak or acquisition shalt pass io tender to the extent of the suss seemed by this Dead <br />of Trot immediately prior to such sale or acquisition- <br />6. Preservation aM Stainhemooe of Property: Laroeboilft Coodursdidonar PfatueA Unk Deveinpssi. Borrower shall keep the <br />Property to good repair and shall not commit waste or per= impairment to deterioration of the Property and shall comply with the prarisiarns <br />of any lease if this Deed of Trot is on a keasehoi d. k f iris Deed, of Trust is on; a omit in a condominium or a planned unit development, Harrower <br />shall perform all of Borrower's obligations under the declaration or . vrnant- gating or governing the condominium or planned emir <br />development, the by -laws and regulations of the candom imum or planner- unit d v iptrent, and constsment doatmeats. I, a condomminnat or <br />planned snit development rider is executed by Borrower arm recorded rogether with this Deed of Trust, the covenants and agreements of such <br />rider shall be incorporated into and shall amend and simp ;cmem rife cca enants and agrcmenu of this Deed of Trust as if the rider wort a part <br />hereof. <br />3. Protection of Lender's Seearb3. If Bon: ow'er ra;1s tr perform the cavenaatrs and agreements Contained m this Deed err" Trust. or if any <br />action or pr reeding is commenced which matetia iy cif` cis Lender : _nor: s Z the Prey, itrc ?ud,vg. bus not limited- t = ^-nr domaan <br />insolvency, code enforcement, or arrangements or prccmtrgs invol'Ing a amrum or mordent thcn L.r'kl-- at -1 Bader s ~pain. --Pon aoticr <br />to Borrower, may make such appearances, disouuse such sums and take such a_-::fon as is necesmry to pro-, -_ Lzndc 's rue, nrciudutg, irut <br />not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make rrmra Lf Londe_• rmza1rec -rofr4 ge insurance <br />as a condition of mak ng the loan secured by this Deed of Trust, Bon, owr= sha'_3 tray the premiums ! rlu:red !o maintain such insurance of effect <br />until such ume as the requirement for such insurance terminates in azco don e -uh Borrower's at,.' Lender's written agreement or apphcabie <br />law. Borrower shall pay the amount of aki mortgage in_suurance preminnzc im t rnA,_er provided 3rtti-r Any amounts disbursed by Lender pursuant to this paragraph 7, %-din intere g thereon, uhaut 'be,: me addst,.onai indebtedness of B ATower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to other tertsns of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requesting payment thereof, and shall bear interest from thus da-te of di_sburs nsem tot the rate payable from time to unit on <br />outstanding pnnapal under the Note unless payment of interest at such ;,are would: be coarrary to apphcanke ;a v. W which event sw h amounts <br />shall bear interest at the h4bnt rate permissible under applicable law. Nothing omuained rr. thds paragraph - shall require Lender to tree+ =r any <br />expense or take any action hereunder. <br />g. ispaeeiow. Lender may make or cause to be made reasonable entries upon, and mspeatons of the Ptopaty, f rovided that Lturia shall <br />give Borrowrr notice prior to any such inspection specifying reasonahle cause therefor reiated to Lender's interest in the Property <br />9, C 00"Oftsd". The proceeds of any award of claims for damages, direct of rnitx}urmtia , in connection with any condetnnatson or <br />oiler taking of the Phopen y, or pan thereof. or for conveyance n ircu u! c- ondmrtarsan, �c aerebp "Signed and shall be paid to Lecrdrrr <br />In that event of a total taking of the Property, the proccerds "hail be applied s;sdrks srcutru n,, ,h.s E>ce,2 o, 1 rued, w;tn the cv >ek,..+ arc, <br />Nerd to $orrvvvrr In the event of a partial taxtng of the Fr,pr; rs- :enless thorn a _•rat i rode mherwt t agree ev —ling. Shrrr shall ',e at*, ,ncc4 <br />!Mr sums ter. aarr' tin ester iXrd �.f travel vu,.h Mcyplrr ddcn , +r she r;rcM_raas a~. ,,.td..:,• that pto­_u- n :, r.rsh ter emean, the > „m' .. sr1 <br />