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1 <br />85-'00252.9 <br />appb& 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 accounting of the Funds showing credits and debits to the Funds and the purpose for which each <br />debit to the Funds was mark. The Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />If the amount of the Friends held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance premiums and `round rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and <br />r 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 rants as they fall due, Borrower shall pay to Lender any amount necessary to snake up the deficiency within 30 days from the date notice <br />is trailed by Lender to Borrower requesting payment thereof. <br />Upon payment its 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 sak 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 Dad of Trust. <br />3. Appllatlw of 1Psyseats. 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; Lkrr. Borrower shall pay all taxes, 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 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, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Haeenl lawwwee. 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 requite; 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 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 Leger 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 Dad 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 Dead 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 li mefits, 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 />Utdeis lender and Harrower otherwise agree in writing, any such application of proceeds to principal shall not extend or ;.;=pone the due <br />date of the motithiy installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 <br />hereof the Property is acquired by Leader, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds <br />thereof resulting from dams{ to the Property prior to the sale of acquisition shall pass to Lender to the extent of the sums secured by this Deed <br />of Truest immediately pry to such sale or acquisition. <br />b• P and hhlNManct of P►garly; 1 aasehoNs; C ; PISOnd 117811 Develop stalls. Borrower shall keep the <br />Property in good repair and shall ten commit waste or permit impairment or deterioration of ft Property and shall comply with the provisions <br />of any lease if this Reed of Trust is on a leasehold. If this Dad of Trust is on a unit in a condominium or a planted unit development, Borrower <br />shad perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or <br />planned unit <br />the by -laws and regulations of the condominium or planned unit development, and constituent documents. if a condominium or <br />planned unit developasent rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider shall be incorporated int.. Wi d atiall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part <br />hereof, <br />7. Pr®xeda of IwsMrIs SlieruM'. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any <br />action or proceeding is commenced which materially affects Lender's interest in the Property, including, but no limited to, eminent domain, <br />a v °y, Code enforcement, or artamgemerls or proceedings involving a bankrupt or decadent, then Leticia at Lender's option, 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 />not lumh1d to, disbursement of ramomabie attorno's fees and entry upon the Property to make repairs. If Lender required mortgage insurance <br />s a condition of makhfg the ban secured by this Iced of Trust, Borrower shall pay the premiums required to maintain such insurance in effect <br />awl) such time as the re"iremeril for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law. roast shall pay the oUamml of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any mauuM dabilitud by Lender pursuant to this paragraph T, with interest thereon, shall he wine additional indebtedness of Borrower <br />witted by this Deed of Trust. Unless Borrower and lender agree to other terms of payment, such amounts shall he payable upon notice from <br />1 m roarer rcqmUDS payment thereof, and shall bear Interest from the date of disbursement at the rate payable from time to time on <br />oulstanduss principal under the Noe unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />thall bear interest at the highest rate permissible under applicable law. Nothing contained to this paragrtaph "shall require Lender tzr incur anv <br />-prim or telrs any action her . <br />Ill. jmoomes. L may make or cause to be trade reasonable entrtrs trtum and inspections of the Property, provided that Lender shall <br />PVT Docrtmet ouathe prim to any such ioperticxf spaecifying reasomable cause therefor related to Lender's uttet"t in the Propetr y. <br />!• f` The ptocads, of any award err claim lot damages, difw or consequential, in conneifion wilt, any condemnation or <br />cAbot taking of the Pietpefty, or pall thereof. or fix %omveyance in lieu of condemnation, are hereby assigned and %hall hp paid to I ender <br />In the event cif a total taking of the Pfoperty, the pfoctecfs %hall he applied to rho %tunes secured by thi% IXW of Trust, a,th the excess, it am, <br />r,w4 ins hortowet. In the event of a partial taking of the Propsetly, nariew% ftorr <,wer and I rodo otherwise agree° in -i wnp.. !hate Shall be applieal <br />;-- ltw %uaset ees,utcxl him thl% [ited of 'Frier auckr pxirpwnUun of tl,e I'" red' as " *,.renal to rh:at pnnrMwhnu al,i. h rhr, aowmv „i the v,mr sectiml <br />