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'1 <br />A <br />85-- 1-102702 . <br />applicable law requvea pxh 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 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 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 Deed of Trust. <br />3. Apillmd" of Pay®eats. 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. C>wan; L.lea. 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 />it... legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Ha=4lesaraece. 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 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 />411 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 economicafly 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 optioe ^ither 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 installntxnts 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 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 We or acquisition shall pass to Lender to the extent of the sums secured by this Deed <br />of Trust iffunediately prior to such sale or acquisition. <br />f. Praervall" MW M walemew of Property; Laiialle"; Condomfafeoss; PWmW Unit Der <br />Property in good repair and shall not commit waste or permit Borrower shah keep the <br />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 />shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit <br />des'eloprrtent, the by-laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or <br />unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />nder 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 />7. Profectieo of Leader's Swerity. If Borrower fails to perform the covenants and agreements contained in this teed of "trust, or if any <br />action of proceeding is commenced which materially affects Lender's interest to the Property, including, but not limited to, entinent domain, <br />rttsplvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender 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 Insured to, disbursement of reasonable anortxy's fees and entry upon the Property to make repairs. If Lender required mortgage insurance <br />as a condition of making the loan secured by this Deed of f rust, Borrower shall pay the premiums required to maintain such insurance in effect <br />until! such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law, Botrower shall My the amount of all mortgage insurance premiums in the n]ianncr provided under paragraph 2 hereof. <br />Any Amounts disbursed by Lender pursuant to this paragraph 7, with merest thereon, shall become additional indebtedness of Borrower <br />secured by this Decd of Trust, Unless Borrower and Lendet agree to other teens of payment, such amounts shall he payable upon notice from <br />Lender to Borrower requesting payment thereof, and shall beat interest From the date of disbursement at the rate payable Rom time to (line oil <br />ouastaaultp principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />stw11 bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall requite I ender m incur soy <br />"POnse of take any action hereunder. <br />A- I+rn/actlon. Lender may make of cause to be made reasonable cntnev upon and inspections of the Property, prosided that 1_erider shall <br />give Borrower trWke prior to ally such inspection specifying reasonable cause therefor related to Lender, Interest in the I'ropKrly. <br />A. i . The proceeds p i thereof, re any award or claim for damages, '.Breit or consequential, In corutcv.uon with say eondcnuiaaiun of <br />414rr taken; of the Property, or pare thereanf, or for omveyancc in lieu of condounation, ;tic hereby arcsigned and shall N• paid to 1 ender. <br />Ito the avrtnt col a total taking of the Properly, the prtxecdo shall be applied ; ( , t h e eons see urcal by this I Mid of 1 lust. Ivul: the rvvrss, if ant, <br />lased to ifosrowef. In the event of a partial taking of the Prolwity, ollca lieu w. -r Will 1 ender other woe iMrec 1, wstm . ihc•rr .hall be appticd <br />Jl =LLtill W"Ured by IhIN 1)".d (If I rl1%1'i -11 woixirtilm of (hc pllo j °c ..1 ,, +(,W ((, [h,tl r1„ther hilt W 91re ill .11111111111 'c ft1C .Ills\ heap <br />Ill e1i <br />