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85'-- 001923 <br />apph,cabjelaty requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give Coill1orrower, without charge, an annual 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 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, 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 or credited to Borrower on monthly <br />installments of Funds. if the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and <br />ground rents as they fall due. Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice <br />is mailed by Lender 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 held by Lender. If <br />under paragraph 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 sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums <br />secured by this Deed of Trust. <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 payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest <br />payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. <br />4• Cl arses; Lim. Borrower shall pay all taxes, assessments and other charges, fines and impositions <br />may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the mnner 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 shall promptly furnish to <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 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 so long as Borrower shall agree in writing to the payment of the <br />obligation secured by such lien in a manner acceptable to Lender, or shall in good faith 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 part thereof. <br />S. Haab Insurance, 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 coverage ", and such other hazards ;u lender may require and in such amounts and for such periods <br />as Lender may require; provided, that Lender 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 be chosen by Borrower subject to approval by Lender; provided, that such approval <br />shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not <br />paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. <br />All insurance policies and renewals thereof shall be in form acceptable to I. ender and shall include 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 shall promptly furnish to <br />Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall 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 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 of Trust would be impaired, the insurance proceeds shall be <br />applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if <br />Borrower fails to respond to Lender within 30 days 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 and apply the insurance proceeds at Lender's option either to restoration or <br />repair of the Property 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 or postpone the due <br />date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. if under paragraph 18 <br />hereof the Properly is acquired by Lender, all right, title and interest of Borrower in and to any insurance 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 Deed <br />of Trust immediately prior to such We or acquisition. <br />6. Presmadan and MWUaance of Property; Lewholds; Condominiums; Planned Unit Ikrelopmeots, Borrower shall keep the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions <br />of any lease if this Deed of Trust is on a leasehold. If this Daed of Trust is on it unit in a condominium or a planned unit development, Borrower <br />shall perform all 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 unit development, and constituent documents. If a condominium or <br />Planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part <br />hcreof- <br />?. Protection of tender's Security. If Borrower fails to petrfornr the covenants and agreements contained In this Iced of Trust, or if any <br />a 11on or isrckeeding is commenced which materially affects Lender's Interest In the Property, including, hilt not limited to, eminent domain, <br />IM101vency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice <br />;o Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />MA punted to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Lender required resttgage insurance <br />as a,ondrtior, of making the loan secured by this Deed of Trust, borrower shall pay the premiums airs. If to maintain such insurance is effect <br />ur:u! such cline as the requirement for such insurance terminates in accordance with Borrower's and Lender's written such insurance <br />or applicable <br />law. 111011 owcr shall pay the amount of all mortgage insurance prenuurn% ill the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with Interest Ilie( in, shall become additional indcMrdncss of Borrower <br />scs urcd by thts Deed of Trust. Unless Borrower and Lender agree it, other terms of payment, such amounts shall he payable upon notice from <br />Lend" to Borrower requesting payment thereof, and shall hear interest Iron, the dare of disbursement at the rate payable payable <br />acne of tonic on <br />t <br />outstanding principal under the Note unless payment of interest at suih rate would he contrary <br />'hall beat interest at the highest rate permissible under applicable far to Applicable "A", 113 Nhich event such amounts <br />. ,ti ,ilea, <br />expense or take any action hereunder, rt sontanacd ui thus paragraph 7 shall require 1 ender to Incul lay <br />g• i lloa. Lender may snake or cause hr be made reasonable eutnes upon dnJ ills; e,nnns "I the !'rote errs, pros eded Ihat I ender shall <br />rotve Borrower nonce prior toariy,4llch In9pcCoon specifying r'easoriable tJuw Iheletof Ieiated ern t_ender',Interest III the Properly <br />q. f'oadrmaatloa. the proceeds of any award or clam, for ..la mart_ .lncsl r a.,cyucnt,al, u'. ,,,I;ue. to nl wuh :vo snndcrun,u tool I <br />.+Ihrr Iakind of the Properly, or part thereof, or for a nveyancc u, Ilcu <4 r I„ the clent u1 a oral inking of the l'ioperfy, the pr I I InII r h_r_1 , assletnr,l ,a'„f h:all hr;,.ini I I •ndct <br />ern Beds hall he Ise ; I c h ,I n <br />sot par Ifom—cf litlhc eicnt of a pa.ftial taking of (tie pin urul he 'm, 1� c.i I I, , w I!I Ili rt,C,,, Ii arts. <br />h holy antes. 11 nw,, • I I ttulet were, a -, Ilir" <br />ytbr: fk^cnf of Ire <br />IV xue'h pruta,ru,m nl the pn,u•ut I.. ,1 . ,1 he :q,phe,t <br />71 <br />