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r <br />85-... ()018 ,38. <br />If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are <br />insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply <br />the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding <br />and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender <br />pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender <br />may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, <br />and unless such agreement is made or applicable law requires such interest to be paid. Lender shall not be required <br />to pay Borrower any interest or earnings on the Funds. Lender shall 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 debit to the Funds was <br />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 <br />the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said <br />taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, <br />either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the <br />Funds held by Lendershall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall <br />due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender <br />may require. <br />Upon payment in full of all sums secured by this DLed of Trust. Lender shall promptly refund to Borrower any <br />Funds held by Lender. If under paragraph 17 hereof the Property is sold or the property is otherwise acquired by <br />Lender. Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender. any <br />Funds held by Lender at the time of application as a credit against the sums secured by' this Deed of Trust. <br />3. Application of Payments. Unless applicable faw provides otherwise, all payments received by Lender under <br />the Note and paragraphs 1 and 2 hereof shall he applied by Lender first in payment of amounts payable to Lender by <br />Borrower under paragraph 2 hereof. then to interest payable on the Note, and then to the principal of the Note. <br />4. Prior Mortgages and Deeds of Trust; Charges; [.lens. Borrower shall perform all of Borrower's obligations <br />under any mortgage. deed of trust or other security agreement with ;, lien which has priority over this Deed of. Trust. <br />including Borrower's covenants it, make payments when due. Burrower shall pay or cause to he paid all taxes, <br />assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this <br />Deed of Trust, and leasehold payments or ground rents. it any. <br />S. Hazard insurance. Borrower shall keep the irnpro%cntents now existing or hereafter erected on the Property <br />insured against loss by tire, hazards included within rile term extended coverage and such other hazards as Lender <br />may require and in such amounts and for such periods as L.e•niter mac require. <br />The insurance carrier providing the irnurall shall be chose,, lit. Borrower subject to approval by Lender, provided, <br />that such approval shall not he unreasonably withheld. All insurance policies and renewals thereof shall he in a form <br />acceptable to fender and shall include a standard mortgage clause• in t:wor of and in a film, acceptable to Lender. <br />Lender shall have the right to hnld the policies and reIle%%As thereof. %abject to the terms of arts nu,ngage• decd of trust <br />or other security agreement with a lien which has priority nyer tilts Deed of Trust. <br />In the event tit loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may slake proof <br />of loss it not made promptly by Borrower. <br />It the Property is abandoned by Burrower, or it Borrower tails to respond to Lender within lU dais from tine date <br />notice is mailed by Lender to Borrower that file ur.ur:ulcc earner oftcrs n) settle a cLtim for insurance benefits. I.C,,der as <br />authorized to collect and apply the insurance prtwcccds at Lender's option either to restoralir)n nr repair of the <br />Property or to the sums secured by this Uccd of Trust. <br />6, Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Uccclopmenls. Bor <br />rower shall keep the Property in good repair and shall not conanlit waste or permit impairment or dctclopm inn of file <br />Prulnrty and shall cunytly' with the provisions tit ;sty Icau• if this Deed of Trust is on a leasehold. II'this Decd of l rust is <br />on a unit in i, condominium or a planned unit develupmctil, Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or eoyerning the condominium or planned unit deselopntem. rile h_v -laws and <br />regulations of the condominium or planned unit de,elopnncnt• and cortslitue'nt documents. <br />7. Protection of Lender's Securily. it Burrower falls to perlurm the Covenants :std agrecnunls cont:unrd in this <br />Deed of Trust, or if any action or proveeding is contn,encetl winch materially nail s Lender's interest in the• d it) [his <br />then Lender, at fender's option. upon [,)lice n) Borrower. may make such appearances. disburse such suns. including <br />reasonable. attorneys' fees, and take such actitnt as is neces%ar% to protect Lender's interest. It Lender required ,,[n'tgage <br />insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required In <br />maintain such insurance in effect until such tittle as the requirement for such insurance terminates in accord:utcc with <br />Borrower's and fender's written agreement or ailpllCahle law. <br />Any amounts disbursed by Lender pursuant to this paragraph ?, wills interest thereon• at the Vote rate, shall <br />become additional indebredncss 4 Borrower secured by this Uccd of '[rust. Unless Borrower ,und letuicr agree t„ <br />other terms of payment. such amounts shall be payable upon notice from Lender to Borrower reyucsung pacnc t <br />thereof: Nothing contained in this paragraph ,'shall require lender to incur any expense or lake any action hereunder <br />8. Inspection. Lender ttt v make or cause to he made reasonable entries upon and inspections of the I'nq,en}', <br />provided that Lender shall give Borrower notice prior In any such i,,specfiorl specd:cing rcasun)I's I Cause rope v <br />related Io Lender's interest in the Property. <br />4. Condemnation. The priweeds of any ;award ur claim for d:nnages. direct or consequential. in cnnnectuni „ith <br />any condemnation or other taking tit the Property, or part thereof, or tilt, conveyance in lieu of condemn;atto[. ;ur <br />hereby assigned and shall he pilid to Lender. subject 10 the nernn of any mortgage, <br />deed of Irus; other security ,agree <br />menr with a lien which has pri[tity over this Deed of 'trust <br />Borrow1(1. Borrower Not Released; Forbearance By Lender Not a Waiver. fLxtcnsurtl of fhc bole for p;l�ntcnt ui <br />er s n ll amortization of file runts sarcured by nhts fkcd of I rust granted by Lender to auy successor in rnicrt si ,.I <br />Borrower shah riot ol"ale h, release. in ariv manner. flit- Iiahllity nI tilt- original Borrower ,riot fiurruwrr\ suerrss,+i, ,n <br />interest. Lenifer shall not he required to c,.aunu•,,ce praacealutgs ag:nnsi such successor or I,. to ,•sr 'till tine lo; <br />men) (if otherwise nlaaflly aniortsiaiwil nI Ilia.' yaltlly scoured by Ih!s Uccd n <br />n <br />4ight.al BnrTCrwM and ftnrrvwcr's succc ^son m lnfcrrst 1ny fnrhe:[anccf 1,, 1 ell,le'ra ulscxrt. rsr �rlin,r•airi lfu't,iil rrinrr,ll, <br />heecuuale'r. „r nrlrerwise alturded by apl,hr, able l:n,, sh:dl not he a wa,c'r „r <br />or I,n; clIT it Hhc c,crr r,c <br />rerneefv <br />11. Su,rarsaafn and A"Igm, 1400nd; mint »rid Sescral I.labillh; I n -vigor n. 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