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I <br />86- 106209 <br />applicable law twigs such interest to be paid. Lender shall not be required to pay Borrower any mterat a ercrrnrW eta the Funds. tender shall <br />give to Borrower, without Charlie. in am" accounting of the Funds showing credits cad debits to the Funds and the purpose for which each <br />debit to the FW6 was made. Tha Fonds we pledpd as additional security for the sums secured by this Deed of Trust. <br />(- If the � WAK of the Fords held by Leader. together with the future monthly imtalhamts of Funds paYaele Prig to the due dates of taaec, <br />-am- iwraaoe proem and putted rimes, shall ettoeed the among required to pay sad taxer, "amts. imam rx P�� and <br />dew teats as they tali due, such mean slap be. at Borrower's option, either promptly � to Borrower or credited to Borrower on mouthlY <br />bwum mo of Pleads. If tts SOWN of the Funds belt by Leader she@ not be windmt to PRY tana, asaaeents, iusuranoe p�� suit <br />Wound rents as ftY fan due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice <br />a aam by Leader to Borrower requesting payment thereof. <br />Upon payment in ion of an sums secured by this Deed of Trust. Lender shall promptly refund to Borrower any Funds held by Lender. If <br />under paragrsaph IS hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply. no later than immediately <br />prior to the ink of the Property or its acquisition by Leader, ader, any Funds held by Lender at the time of appticatdon as a credit against the sums <br />secured by this Deed of Trust. <br />3. Agailladen of Pgments, Unless applicable law Provides otherwise, all payments received by Lender under the sue teat i and paragraphs <br />and 2 hereof shag be applied by Leader first do payment of amounts payable to Lender by Borrower under paragraph <br />payable on the Note, that to the principal of the Note, and ilea to interest and principal on any Future Advances. <br />4. CbmW Limos. Borrower shall pay all taxes. assessments and other charges , fines and impositions attn Ito t� 2 hereof <br />may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. in the manner Provided <br />paid in or, if not such mama. by Borrower making payment. t when due, directly to the payee therenf. Borrower shall Promptly furnish to <br />Leader all notdoa of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly <br />furnish to Lender receipts evidencing rich payments. Borrower shall promptly discharge any lien which has priority over this Dead of of �c <br />provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the payment <br />obligation secured by such ties in a manner acceptable to Leader, or shall in good faith contest such lien by, or defend enforcement of such lien <br />m, legal proceedings which operate to Prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />3 Bamri lasm=WL Borrower shall keep the improvements now existing or haeafter erected on the Property insured against loss by f are, <br />hazards included with= the term' cdcaded c ovaage ", and such other hazards as leader may require and in such amounts and for such periods <br />as I ender may require; provided+ that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay <br />the sues sensed by this Dead of That. that such approval <br />The inaranee cerria providing the insurance shall be chosen by Borrows subject a approval by Leader provided, <br />shall not be umvasonabhY <br />withheld. All premiums on insurance policies shale be paid in the manna Provided under paragraph 2 hereof or, if not <br />paid in such mama. by Borrower making payment. when due. directly to the insurance carrier. <br />to Lender and shall include a standard mortgage clause in favor of <br />AB insurance policies and renewals thereof shall be in form acceptable furnish to <br />and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower stall promptly <br />Lender age renewal notices and an receipts of paid premiums. In the even of loss. Borrower shall give Prompt notice to the insurance carrier and <br />Leader. Leader may make proof of loss if net made promptly by Borrower. <br />Uahea i.asrder and 8arosrar otherwise agree do writing, insurance proceeds shall be applied to restoration or repair of the Property <br />dated, pre, quad► rtrswrauon or repair is economically feasible and the security of this Deed of Trost is not thereby impaued. If such <br />remoradoa or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the uwunaoe proceeds shall be <br />i to Borrower. If the Property is abandoned by Borrower. or if <br />applied to the moms seLtired by this Deed erg Taut. with the awns. f any. Paid �� offers to <br />Borrower falls to respond to Lender within 30 days from the bate notice is mailed by under to Borrower that the insurance <br />settle a daim for iosmance benefits, Leader is authorized to collect and apply the insurance proceeds at Lender's option either to restoration err <br />repair of the Property or to the sans secured by this Deed of Taut. attend 0end or postpone the due <br />Unka Leader and Borrower Otherwise agree in wrmad, any such application of proceeds to principal neat <br />due of the mnaft imnilments referred to in paragraphs t 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 inarasim 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 euem of the arms secured by this Deed <br />of Trust immediately prior to such ask or acquisition. <br />f. r arvatea and htaiaaaaaee of Prepterty; Laeeieids; Ced6MiNkO ; irl...ad Unit Deseie�msuta Borrower slag keep the <br />m and shall not commit waste or permit impairment or deteriorittion of the Property and shall complY with the provisions <br />Property ' good repair unit development, Borrower <br />of any kale if this IZ+ced of Truer is on a leasehold. if this Deed of Trust is on a unit in a condominium or a planned <br />shall perform sU 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 the with this De, and constituent ove ants a. if a condominium meat � <br />Planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, tits covenants and agreements <br />rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider wen a part <br />hereof. <br />7. Preated a of Lamim s nat,.ipv. if Borrower fails to perform The covenants and agreements contained in this Deed of rust, or if any <br />action or Pri is commenced which materially affects Lender's interest in the Property, including. but not limited to, eminent domain, <br />insolvency, code enforcement, or araogemwts or proceedings involving a bankrupt or decedent, then Lender at lender's option, upon notice <br />to Borrower, may make such aPpMMM, disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />not limited to, disbgrata at of reasonable attorney's fns and entry upon the Property to make repairs. If lender required mortgage insurance <br />as a cost"Ost of tang the loan secured by this Dead of Trust, Borrower shall pay the premiums required to maintain such insurance in effect <br />until such that m the requirement for such insurance terminates in accordance with Borrower's and lender's written agreement or applicable <br />law. Borrower shop pray the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon. shall become additional indebtedness of Borrower <br />secured by this Deed of Trusts. Unims Borrower and Linder agree to other tams of payment, such amounts shall be payable upon notice from <br />Leader to Borrower regaeai" Payment thereof. and shall bear interest from the date of disbursement at the rate Payable from time to time on <br />ougsaudirag prmcq l under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall boar {nteaat u the highest raft permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to hncur any <br />eotpease or. take any adioa beramder. <br />S. bol eam i rata may take or cause to be made reasonable entries upon and inspections of the Property, provided that lender shall <br />gave Borrower notice prior ro coy such inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br />f. Gndsmgmew Thu proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or <br />other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and stall be paid to Lender. <br />In the event of a tetai taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess a t any , <br />paid to Borrower . In the el of a partial taking of the Property. unless Borrower and Lender otherwise agree in writing, there shall be applied <br />to the sutra secured by this Deed of Trust Awh proportion of the proceeds as is equal to that proportion which the amount of the sums secured <br />i <br />