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85— <br />e 001394 <br />1 Y j <br />applicabtiliw" Cqutres such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give to Borrower, without charge, an annual <br />accounting of the Funds showing credits and debits to the Funds and the purpose for which each <br />debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed <br />of Trust. <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance premiums and ground rents, <br />shall exceed the amount required to pay said taxes, assessments, insurance premiums and <br />ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower <br />or credited to Borrower on monthly <br />installments of Fluids. If the amount of the Funds held by Lender shall not be sufficient to <br />pay taxes, assessments, insurance premiums and <br />ground rents as they fail due, Borrower shall pay to Lender any amount ncccssary to make up the deficiency within 30 days from the date notice <br />is mailed by Lender to Borrower <br />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 Lender. If <br />under paragraph 18 hereof the Property is sold or the Property <br />is otherwise acquired by Lender, Lender shall apply, no later than immediately <br />Prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application <br />secured by this Deed of Trust. as a credit against the sums <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I <br />and 2 hereof shall be applied by Lender first in <br />payment of amounts payable to Lender by Borrower under paragraph 2 hereof, [hen to interest <br />payable on the Note, then to the principal of the Note, <br />and then to interest and principal on any Future Advances. <br />4. Charges: Boas. Borrower shall pay all taxes, <br />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 rents, if any, in the <br />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 <br />shall promptly furnish [o <br />Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly. Borrower shall promptly <br />furnish to Lender receipts evidencing <br />such payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trust; <br />provided, that Borrower shall not be required to discharge any such lien long <br />so as Borrower shall agree in writing to the payment of the <br />obligation secured by such lien in a manner acceptable to 1_ender, or shall in faith <br />good contest such lien by, or defend enforcement of such lien <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any thereof. <br />part <br />S. Hazard Inaatance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, <br />hazards included within the term "extended ", <br />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 <br />shall not require that the amount of such coverage exceed that amount of coverage required to pay <br />the sums secured by this Deed of Trust. <br />The insurance carrier providing the insurance shall he chosen by Borrower subject to approval by Lender; provided, that such approval <br />shall net be unreasonably withheld. All premiums on <br />insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not <br />paid in such manner, by Borrower making <br />payment, when due• directly to the insurance carrier. <br />Ali insurance policies and renewals thereof shall be in form acceptable to Lender and include <br />shall a standard mortgage clause in favor of <br />and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower <br />shall promptly furnish to <br />Lender all renewal notices and all receipts of paid premiums. In the event of loss. Borrower shall <br />give prompt notice to the insurance carrier and <br />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 repair of the Property <br />damaged, provided such restoration or repair is <br />economically feasible and the security of this Deed of Trust is not thereby impaired. If such <br />restoration or repair is not economically feasible or if the security of this Deed Trust <br />of would be impaired, the insurance proceeds shall be <br />applied to the sums secured by this Deed of Trust, with the excess, it any, paid to Borrower. If the Property is abandoned by Borrower, or if <br />Borrower fails to respond to Lender within 30 days <br />from the date notice is mailed by Lender to Borrower that the insurance carrier offers to <br />settle a claim for insurance benefits, Lender is authorized to collect <br />and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property or to the stuns secured by this Dad of Trust. <br />Unkss Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in <br />paragraphs 1 and 2 hereof or change the amount of such installments. if under paragraph Is <br />hereof the Property is acquired by Lender, all right, title and interest of Borrower In and to any insurance <br />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 extent of the sums secured by this Decd <br />of Trust immediately prior to such sale or acquisition. <br />g• Preservation and Midommoner of hapartyt I t (' <br />Property in and !° . Borrow'cr shag kelp the <br />[� y g repair and shall not commit waste or Permit impairment or deterioration of the Pro plan shall comply with the <br />of any if this Deed Trust <br />of provisions <br />is on a old. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower <br />shall Perform all of Borrower's obligations under the declaration or covenants creating <br />co <br />or governing the condominium or planned serail <br />u <br />development. the by-taws and regulations of the condominium or planned unit devc <br />t, and constituent documents. t f a condotnned <br />or <br />seed unit development rioter is executed by Borrower and recorded fogefPaef witll this f of Trust, the covenants arld a$rt�meris of such <br />rider shall be incorporated If1t0 <br />and shall amend and supple 1tic covenants and agreements of this Deed of crust as it the rider were a part <br />hereof. <br />i• proseciton Of Leader's SMItity. If Borrower fails to perform file tot cnants and agreements ill this of Trust, or rf any <br />as"i' t ttr Proceeding is commenced which materially affects t ender's interest <br />in the Pro including, but ed t <br />nsoivency, code enforcement. or arran nts or Proceedings involving [y• Including, but not limited to, i nitaent domain. <br />p 8 ng a bankrupt or i, then LesuSet at 1_Cnder'a uptaon, <br />fo rowCr, may make <br />such s upon notice <br />appearances. disburse such slims and take such action as Is nes esssry In Protect I..ender's InlerE" I. including, but <br />riot limited to, disbursement Of reasonable sttorrey's fees and entry upon the Property <br />to make rCpaars. it I. ender tequired flit), tgage Insurance <br />M s c(andition of making the loan secured by this Deed of Trust, Borrower 'hall pay the <br />Premium requited Io enalntaln suvh insurance in elfco <br />sepald such time as the requirement for such insurance leffninafel it) accordance with Iltirrawcr'S i.Crider'% <br />law. <br />and written a$reeltleril oil' applicable <br />Borrower shall pay theanxlunl of all "wit insurance premiums fit the <br />mariner provldeli antler (Taragf spit G hCi Ctrl. <br />Any tuts disbursed by l.ctidet partnert this paragraph ", will' Intel"' thereon, <br />'hall become additional indebtedness of Borrower <br />n <br />utrnf by this of Taut. L'n!€st Borrower and Lender agree to other terms of paymeal, such amounts shall lie imyahle urron noncr tioln <br />l in Borrower requesting <br />payment thereof, and shall bear interest !rota the date of c11sburkenlent at the rate payable front lime to tittle on <br />fnfastardlisg principal under the Nape unless payment of interest at such <br />rate would he , oniraly to applicable law, III w111th event 'llth anittllli' <br />gt$$If Not Interest at the highest rate permiaalble under apPli4'41ble Iaw. Nolhillg contained in 11114 '1 <br />paraglaph <br />of fake any action herd 'hall fequilt, I £litter to of, fit am <br />I <br />• I. enda may make Or cause to he made reaffotable eiltlle5 1i(i n and insthry,'riatlx of the l'fopelly. pfovtdPlf alai I P01dCT spiel! <br />s >aC I'smlower notice prior loony such Inspection specifying <br />t'eatOl)a file t'alAAe Iflefelot felated to I enders Int£TCSI irl ills IY /i)fee l'ly <br />�• t foe proceeds any award elan£ flit delta dirr'.1 <br />.I <br />or i Illivituciinal. It ttrnrtei•ton w11I1 et11'' t'lldelllltallrrtl Or <br />th l" <br />,vaf f fal�irp Of the Pic fy, of fHit IhC7 CO)f, i)f flit clr }lyeyalkt'C ifl Bell +lf l� wdvilil7all"ll, ills hvtrt,l <br />uv k, <br />Ir' <br />! <br />assigned and Shall be pald tar I ctdef <br />the event of a total faking lit fill' PrttpClty, the fit tee'Ctrl''bali Pte a , ,hell t„ <br />lit he• <br />uanag:^ culcdbvrhlxlk' rvl„fIrvsf,�Ilhtherx.e",.I,au,, <br />l 3o-'P•r 1$gypnyweq 17lfive ebefit ? rf a patual takttift of file Protterly. imfccv f }„ Ion ,ber,AIR] leuder "ther.I'V'Iltce <br />r <br />ni wi��n�M. �rie•ir .h.atl he .7l.plreu+ <br />spur; %e+. YY rgel trq Om i"I elf I7nai'uth ptnfieafarn ,•r Ihr <br />