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t <br />__J <br />1 <br />85- 002487 <br />applicable law rojIttires.such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall. <br />f8: <br />give to BOrrowtfl tic 1 asarge, 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 Decd of Trust. <br />1 f 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, insuranm 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 said <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 18 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 sutras <br />secured by this Dad of Trust. <br />3. ApPYattlw of Paptaab. 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. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which <br />may attain a priority over this Devi of Trust, and leasehold payments or ground rents, if any, in the 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 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, regal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Honed In araaee. 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 as 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 Bor rower 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 Lender 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 no 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, it 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 />resale 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 leader 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 I and 2 hereof or change the amount of such installments. If under paragraph Ig <br />hereof the Property 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 dump to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Leer! <br />of Trust munodistj pnor to such sale or acquisition. <br />a. Pnm wvsfta sad MWeilesitie t of Property; l.eaael olds; Cendoinkshan; L'hnal Uadt DeveleNes4. Borrower shall keep the <br />Property in good repair auld 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 Deed of Trust is on a unit in a condominium or a planned unit development. Borrower <br />sal perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit <br />s. Lhe by -laws and regulations; of the condomitum or planted 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 />rim 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 />hereof. <br />?. el Leader's 5eewMy. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any <br />action of pnoccodimg is co mencld which materially affects Lender's interest to the Propaiy, including, but not limited to, erninent domain, <br />insolvency. code enfocemen, or arrangements or proceedings involving it bankrupt or decedent, then Lender at Lender's oplion, upon notice <br />to Borrower, may make such appearances. disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />rM hanted to. disbursement of reasonable attorney's fees and entry upon the Property to [Hake repairs. If Lender required mortgage insurance <br />as a condition of making the Ivan secured by this Dad of Trust. Borrower shall pay the premiums required to maintain such insurance in effect <br />until such Brame as the requirement for such insurance terminus in accordance with Horrowa's and Larder's written agreement or applicable <br />law, Borrower &MU pay the anent of all morlgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Larder pursuant to this parsg*,aph 7, with interest thereon, shall become additional indebtedness of Horrowcr <br />ured by this Deed of Trust:. Unless Borrower and Lender agree to other terms of payment, su.h amounts shall be payable upon notice from <br />Leader to Morrawar requesting payment lh atrof, and shall tear interest from the date of disbursement at the rase payable from time to time on <br />("distatraling pruteiprd under the Noe unless payment of interest at such rate would be contrary to applicable law, in which event such antou leis <br />*11611 bw interest I the hVkM rate permissible under applicable law. Nothing contained tit this paragraph 'shall require L ender to incur any <br />or take any action <br />8. I . Leader any make of cause ifs be made reasonable einl'ie4 upon and allpet'tlons III the Property, provided Ilist l ender shall <br />HIM bwtmw 1110649 Poore to any such ineptiction spx:ttying reasonable cause Ihetefot telated Ito I cider's interest in the 11rlpwrty. <br />p. f' Tae provellids of slay award of ciairn tot damages, diner -ir consepuential, Ili 01alietxitla wltll ant 24 nldctnnat loll of <br />�xt r tallospgoff the Property, tx part thavof, of for convc am'e In heu of s'amdenlnautmr, are hereby asIo ned and shall he <br />y g tlaad to I cedes <br />are ante event of it total taking Of the Property, the prxaerds cltalf he applic,l to the slims acs:urral by Ibis 11mi of t'ru,l, H ilh the eaicx.s, It any, <br />oaw tees Hsarrower, hi the event of a partial taking of the Propetiv, unless Ftnnower and I ender nlherwtW. axtee to ldiir,nx, Ihcre +hall Ix al>plitvl <br />Iftf ¢.guts ran, - twee; tau Chia Dee of irttst at.ich pnepctttinn iJ the i,r,aecrclx re, r. e�lltml tr. t!tal Pt +rlp,rlt,.n which rho: eah,nn,l „i IAe unrly srnvred <br />t <br />__J <br />