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r <br />I <br />85--- 000147 <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest <br />on anyy Future Advances secured by this Deed of Trust. <br />2, Fumb for Taxer and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall y <br />to Lender on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full, <br />a sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments which may attain priority over this <br />Deed of Trust, and ground rents on the Property, if any, plus one - twelfth of yearly premium installments for hazard insurance, <br />plus one - twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from <br />time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. <br />The Funds shalt be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or <br />state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, <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 asaassnents and bills, unless Lender pays Borrower interest on the Funds and applicable law <br />permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this <br />Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is mate or applicable law <br />requires such interest to be paid. Lender shall not be required to pay Borrower any interest Or earnings on the Funds. Lender <br />shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the <br />puttee for which each debit to the Funds was made. The Funds are pledged as additional security for the sums sectored <br />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 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 <br />held by lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall lose. <br />Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed <br />by Lehr to 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 <br />held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender. Lender <br />shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by <br />Lender at the time of application as a credit against the sum; secured by this Deed of Trust. <br />3. Appilication of Payments. Unless applicable law provides otherwise, all payments received by Lender under the <br />Note and paragraphs 1 and 2 hereof shall he applied by Lender first in payment of amounts payable to Lender by Borrower <br />under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and <br />printpal on any Future Advances. <br />4. Charges; Lkm. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to <br />tFe Property wfiic3 -dray attain a priority over tors 17eo;d- o3-- ltusf, and-leaseTiold- payments or gr6u3ia'- rErib; ri- 3riy, —in The <br />maser provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly <br />to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the <br />event 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 <br />such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in. <br />legal pproceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. <br />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 Trost. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided. <br />that such approval shall riot be unreasonably withheld. All premiums on insurance policies shall he paid 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 />insurance cures. <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 he policies and renewals thereof. <br />mid Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. in the event of loss, <br />Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly <br />by BO <br />UnIvis Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of <br />the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is <br />not thereby impaired. if such restoration or repair is not economically feasible or if the security of this Deed of Trust would <br />be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid <br />to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the <br />date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender <br />is authorized to colt and apply the insurance proceeds at Lender's option either to restoration or repair of the Property <br />or to 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 <br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of <br />such insitiallments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower <br />in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale <br />or acquisition shag pan to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or <br />b. Presmadosi and Mablernince of P u <br />rty; Leehoids; Condominiums; Planned Unit Developments. Borrower <br />shalt keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property <br />and sball 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 <br />condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned unit development, the by -laws and regulations of the <br />condontictium or planned unit development, and constituent documents, if a condominium or planned unit development <br />rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such rider <br />1 be incorporated into and shall amend and supplement the covenants and agreements of this Deed of 'Trust as if the rider <br />were a pan hereof. <br />7. PFOIKtbR Of tAndW8 SeeatrHy. if Borrower fails to perform the covenants and agreements contained in this <br />Deed Of Trial, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a <br />bankrupt or decedent, then Leader at Lender's option, upon notice to Borrower, may make such appearances, disburse such <br />sums and take suich action as is necessary to protect Lender's interest, including, but not limited to, disbursement of <br />r attor 's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as it <br />condition of making the loan secured by this Deed of Trust. Borrower shall pay the piciniurns required to maintain such <br />insurance in ant until such time as the requirement for such insurance term'nates in accordance with Borrower's and <br />Landar's written agreement or apillicable law. Borrower shall pay the arnount of all mortgage insurance premiums ire the <br />manner provided ps spit 2 hereof. <br />is d` by Lender pursuant to this paragraph 7, with interest thereon, shall i,ccome additional <br />indebteltsess of Borrower secured by this Deed (if Trust. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting paynrcnt thereof, and shall bear interest from the <br />date of dhibunamerit at the rate payable from time to time on outstanding principal under the Note unless payment of interest <br />at such raft would be contrary to applicable law, in which event such arnoums shall hear interest at the highest rate <br />parmissible under applicable law. Nothing contained in this paragraph 7 shalt rcquire Lender to incur terry exlxnse or take <br />my action <br />8 leader may make or cause to he made reasonable entries ttpxen and impecnons of the Pwlxrty. provided <br />that Lender shall give Baorrmoer notice prior to any such insp9040o spacilying re*.asonahle cause 1110001' related to I endcr's <br />interim in the Property. <br />- <br />