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S&-w 105400 <br />If Borrower pays Funds to lender, the Funds shall be held in an institution the depo %its or accounts of which are <br />insured or guaranteed by a Federal or state agency (including Lender if lender is such an institution). bender 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 Lender <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, as 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 suns 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 <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 shalt not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall <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 refund 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. Appillea eew of Payeewb. Unless applicable law provides otherwise. all payments received by Lender under <br />the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by <br />Borrower under paragraph 2 hereof, then to interest payable on the Note. and then to the principal of the Note. <br />4. Prior Meet=ageto and Duds of Trost; Charges; Liens. Borrower shall perform all of Borrower's 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 mate payments when due. Borrower shall pay or cause to be paid all taxes, <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. Nattered lowrawee. 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 requite and in such amounts and for such periods as Lender may require. <br />The insurance earner 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 Leader 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 priority 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 earner offers to settle a claim for insurance benefits. Lender is <br />authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the <br />Property or to the sums secured by this Deed of Trust - <br />6. Peteser vaden Mind Mainse Mi ics of Property: Lauseholds; Condominium; Pbuuwd Unit Developments. Bor- <br />rower shall keep the Property in good repair anti 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 Borrowers obligations under <br />the declaration or covenants :seating nr 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. Preactlen of Leader's Security. If Borrower fails 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 nece�°.ary 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 ter applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph with interest thereon, at the Noe rate. shall <br />become additional indebtedness of Borrower secured by this Deed of - Trust. Unless Borrower and Lender agree to <br />ether terwis of payment. such amounts shad be payable upon notice trom Lender to Borrower requesting p yment <br />thereof. Nothing contained in this paragraph' shall require Lender t,o incur any expense or take any action hereunder. <br />a. Inspection. (.ender 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 pause therefor <br />related to Lender's interest in the Property. <br />4, CMdeoaaattiea. The proceeds of any award or claim for damages..iirect or consequential. in connection with <br />any condemnation or other taking of the Property, or part thereof. or for conveyance in lieu of condemnation. are <br />hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or oihrr sccurit} agree- <br />ment with a lien which has priority over this Deed of Trust. <br />10. So owes Not Aorleo d; Forbearance By Lender Not a Waiver. Lxiension A the time for payment of <br />modification of amortization (,if the sums secured by this Deed of Trust granied by Lender to ;env succtcsor in ant, °refit of <br />Borrower shall not e»perate it) release, in any manner, the liability- of the original Borrower and floret :wt. r s to <br />intirmt. Lender shall neat be required to commence proceedings against such successor ktr retuse Ill eyie ittt Time for lies <br />ment or otherwiw modify amortization of the sums secured by this Drell 4 i'rust 1br re.ison of ato ,irriiand rna d r t,% th <br />d,wiginal Borrower and Borrowv % .uicCSstom in intermt. Any trwbraram.,v hs Derider tri ari', tlj!,ht cat t,'l1edge <br />tioereunder. of cytherwivt. ,Afforde -d by applicable bow. ,hall trot ht a waive °t .,t , t t r_.. tile• e%cr4t.e . =t ill% ,fat ; q:11 'r <br />remedy <br />11. Surcessers and ,A*ri#s fiountii inlet and %ercnl tiabilltys Cti.sianen, Pic <br />Nertiti to, ?? :;',1 <br />&;'t"16oset '�Ukt It to the f?ttrsi%t­ ns °t t' a;'Agr>apl'i 16l'ivr•ft'i- rill (;LP eriaw% a3l'lit mid;'- ,t•Lei7¢ rat t 4�, _ aF yi, _�_. . <br />� 3 8 tRt it�i3it *V�� t ii49a et, ogres !ht% 1*rd 44 t two t`tl? €_tftiCi ri0 f,'�,Fa t3'4' O,w ti +'t: ! 3' t' , f!'',i ,t <br />"10", l� &W rid �'t'#e� ^ i tha 1. !` 0,rt'i9*rr % mien- l £rj Siff: �lntfvi the lliilliks o? 0"', a?s: °Y °.l of 111!%1 <br />