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if Borrower pays Funds to Lender, the Funds shall be held in an institution th e 85-002680 deposits or accounts 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 o <br />taxes, assessments, insurance premiums and q t pay said <br />' either promptly repaid to Borrower or credited ot )Borrower one monthlyeinstall installments of Funds. If Borrower's e amount phone <br />Funds held by Lender shall 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 makeup the deficiency in one or more payments as Lender <br />may require. <br />Upon payment in full of all sums secured by this Deed 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, an <br />Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. y <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />the Note and paragraphs I and 2 hereof shall be applied by Lender fi rst in payment of amounts payable to Lender by <br />Borrower under paragraph 2 hereof, then to interest payable on the ]Vote, and then to the principal ol'the Note. <br />4. Pttiar Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations <br />under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, <br />including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes. <br />assessments and other charges, tines and impositions attributable to the Property which may attain a priority over this <br />Deed of Trust, and leasehold payments or ground rents. if•any. <br />5. $ award Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender <br />may require and in such amounts and for such periods as Lender may require. <br />The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender provided, <br />that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form <br />acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to lender. <br />Lender shall have the right to hold the policies and renewals thereof• subject to the ternu of any mortgage, decd of trust <br />or other security agreement with a lien which has priority over this Deed of Trust. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />Of loss if not made promptly by Borrower. <br />If the Property is abandoned by Borrower, or il' Borrower fails to respond to Lender %eiihin 3U <br />notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance beuetits. Lender is <br />days from the date <br />authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the <br />Property or to the sums secured by this Deed of Trust. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Bor- <br />rower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the <br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. It-this Deed of Trust is <br />on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and <br />regulations of the condominium or planned unit development, and constituent documents. <br />7. Prateetba of Lenders Security. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums. including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. 11" Lender required mortgage <br />insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to <br />maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br />Borrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, al the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to <br />Other terms of" payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment <br />thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br />a. Irwpsttlon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that tender shall give Borrower notice prior to any such inspection %pecilping reasonable cau%et therelirr <br />related to Lender's interest in the Property, <br />y Condemnation. The proceeds of any award or claim for damages. direct or corneyuentiaL m rrnmrcti,ut wish <br />any condemnation or other taking of• the Properly, or part thereof'. or for conveyance in lieu of cond,,n, ti)n, are <br />hertby assigned and shall be paid to Lender, subject to the terms )rally mortgage, (Iced of trust )r other security n. ar <br />ment with a lien which has priority over this Dosed of'1'rust. <br />10• Borrower N� _ <br />morditicatitrtt of amortira,ioBon ooftthe u� u ► �y this Leader edNl,frairztvg�ranlcdltn I t`nctcr1t+t aav suc�ccssor ire intcr4lst of <br />Bcut•nwtr shall not operate to release. in any manner, the liability of the ongutal Borrower :uu) B)rr)wer'% succossors in <br />)tut &t, Lender shall not be required 1) commence proceedings against %nett successor or refuse n, extend time lot- pas t <br />mint Or otherwise Modify amortization of the sums secured by this Deed )f Trust by reason )f nny demand marls by the <br />Original Bortowcr and Borrower's %u4cessur% to interest. Any fiubrarane'c' by Lender in excn i %inp am right (,r 1, the <br />reuse <br />hereunder, )r otherwise aflurdco! by appliaatrfe law, shall not Ire a waiver ,I )r prtcin le file clot) %o• of any wrh riklit or <br />remedy. <br />I'- !>wceeusOry and Assigns Bowrdt Joint and <br />b"riu "caroireed 41111 bind. ,e)d tfie 11911(% hcrcurider hall rail Llabl'igYO Cn. vfanrro. t h, <br />cricaant% ,uui ar,,'ecmrni% <br />t�rrower. %ub}y4r ru Ili,:• proGrsao)v,,01 paragraph lf, bins)] ,ill c),rn�arit %a )rlsa�ae� aiiic,u� %,,r %.,nd a%tii ns,I I endet' u)d <br />%tveral. ?iny Ff etoworr tbn :.„ ,iKn% the% t lr•e�r1 )I (rust, lilt drk•% n„t cxccuir It, N, Ile ; r! r, t Ii rr,nu c .hall !. <br />g i`un ,led <br />ti8 t„ etarst and �.,rr >w, y iFrai f3v,rr� >wr,r % (miry %t i) rill- Pr„ e,u)R flu% I k•r,l n1 I r u,i <br />Irr•riv t., I rude'c )nda'r tdtr i,rni, .,I in. 1!, -rd ,•t 1 ru,i Li r, <br />