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86 -10680 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />f 1. Payment of Principal and bNsnsl. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, preps t and late charges as provided in the Note, and the principal of and interest on <br />any Future Advances secured by the of TrusL <br />2. Funds fsrTaxes and Mswanee. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lender <br />on the day monthly insellments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein <br />"Funds") equal to one - twelfth of the yearly taxes and assessments which may attain priority over this Deed of Trust, and <br />ground rents on the Property, if any, plus one -twoft of yearly premium installments for hazard insurance, plus one - twelfth of <br />yeaiiy premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by <br />Lender on the basis of assessments aid bills and reasonable estimates thereof. <br />The Funds shelf be held in an institution the deposits or accounts of which are insured or guaranteed, by a Federal or state <br />agency (including Lender it Lender is such an institution). Lender shall apply the funds to pay said taxes, assessments, <br />insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account <br />or verifying and compiling said assessments and bills, unless lender pays Borrower interest on the Funds and applicable law <br />permits Lenderto make such a charge. Borrower and Lendermay agree in writing at the time of execution of this Deed of Trust <br />that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicalbe law requires such <br />interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to <br />Borrower, without charge. an annual accounting of the Funds showing credits and debits to the Funds and the purpose for <br />which each debit to the Funds was made. The Fundsare pledged as additional security for the sums secured by this Deed of <br />Trust <br />If Me amount of the funds held by Lender, together with the future monthly installments of Funds payable prior to the due <br />dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, <br />assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by <br />Lender shall not be sufficientto pay taxes, assessments, insurance premiums and ground rents asthey fall due. Borrower shall <br />pay to !_ender any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to <br />Borrower requesting payment thereof. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by <br />Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, <br />no later than immediately prior to the sale of the Property or its acquisition by Lender, and Funds held by Lender at the time of <br />application as a credit against the sums secured by this Deed of trust <br />3. AppNeallon of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note <br />and paragraphs t and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under <br />paragraph 2 hereof,then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on <br />any Future Advances. <br />4. Charges^ Liam. Borrowers shall pay all taxes, assessments and other charges, fines and impositions attributable to the <br />Property which may attain a priority over this Deed of Trust and leasehold payments or ground rents, if any, in the manner <br />provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment when due. directly to the <br />payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event <br />Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority over this Deed of Trust provided, that Borrower shall not be <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such <br />lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal <br />proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage ". and such other hazards as Lender may require <br />and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of <br />such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust <br />This insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that <br />such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided <br />under paragraph 2 hereof or, it not paid in such manner, by Borrower making payment, when due, directly to the insurance <br />carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies ano renewals thereof, and <br />Borrower shall promptly furnish to Lender all renewal noticesand all receiptsof paid premiums. In the eventof loss. Borrower <br />shall give prompt notice to the insurance carrier and lender. Lender may make proof of loss if not made promptly by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repairof the <br />Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not <br />thereby impaired. If such restoration or repair is not economically feaalele or if the security of this Deed of Trust would be <br />impaired, ttro insurance proceeds shall be applied to the sums secured by this Geed of Trust with the excess, if any, paid to <br />Borrower. If the Property <br />Saba by Borrower, or it 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 Lender's option either to restoration or repair of the Property or to <br />the sums secured by this Deed of Trust <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or <br />postpone the due date of the monthly installments referred to m paragraphs l and 2 hereof or change the amount of such <br />installments. t! under Paragraph t8 hereof the Property is acquired by Lender, ail right title and interest of Borrower in and to <br />any insurance policies and in and to the proceeds thereof resulting from damage to the Property priorto the sale or acquisition <br />shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. <br />It. Preservation end Mafnemance of Property; Leaseholds; Comdoenimiums; Planned Unit Borrower shall <br />keep the Property in good repair and shall not commit waste or permit impairment of deterioration of and shall <br />comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium <br />or a planned unit development Borrower shall perform all of Borrower's obligations under the declaration or covenants <br />crea9ng or governirtg the condominium or planned unit development the by -laws and regulations of the condominium or <br />Aplert unr devebpment and constituent documents. ff a condominium or planned unit development rider is exeuted by <br />Borrower and recorded together with this Deed of Trust the covenants and agreements of such rider shall be incorporated <br />into arxi shah amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part hereof. <br />T. Pooeelion of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of <br />Trust or if any action or proceeding is commenced with materially affects Lender's interest in the Property, including but not <br />Iirrtitsd to, eminent domain, insolvency, cods enforcement or arrangements or proceedings involving a bankrupt or decedent <br />then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such <br />action as is necessary to protect Lender's inereat including. but not limited to, disbursement of reasonable attorney's fees and <br />envy upon the Property to make repairs. If Lender required mor�ge insurance as a condition of making the loan secured by <br />the Deed of Trust Borrower shall pay the premiums requirod It -maintain such insurance in effect until such time as the <br />requirement for such insurance terminates in accordance with Borrower 's and Lender's written agreement o icalbe law. <br />Borrower W- pay the amount of all mortgage insurance peemiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this �araynph 7, with interest thereon, shall become additional <br />indebtednsss of Borrower secured by this Deed of Trust. Un esa 9900 ower and Lender agree to otter terms of payment, such <br />amounts shelf be payable upon notice from Lender to Borrower requesting payment hereof, and shall beer interest from the <br />data of disbursement at"raft payable from time to time on outstanding principal under the Note unless payr.:ent of interest <br />at such roe would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permissible u� applicable taw. Nothing contained in this paragraph 7 shall require lender to incur any expense or take any <br />mi <br />S. I III c Bert. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br />that lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's <br />interest in the Property. <br />