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85-002803 <br />If Borrower pays Funds to Lender, the Funds shalt 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 />i 1 <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 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 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 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, 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. Uni m. applicable Jaw provides otherwise, all payments received by Lender under <br />the Note and paragraphs 1 and 2 hereof shall be 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 Deed 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 />S. Hazard 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 shatl not be unreasonably withheld. All insurance policies and renewals thereof shall be in a firm <br />acceptable to (.ender 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 terms of any mortgage, deed of trust <br />or other security agreement writh 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 it* Borrower fails to respond to Lender within .10 (i ays from the date <br />notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, t_endcr is <br />authorized to collect and apple the insurance proceeds at 1_endet's Option either to restt >ratiun 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 sha11 keep the Property in gocxl repair and shall not conttnit waste or permit impairment or deterioration of the <br />Property and shall comply with the procisiuns of any lease if this Decd of Trust is on a leasehold, If this Decd of Trust is <br />on a unit in a condominium or a planned unit development. Borrower shall perform all of Borrower's obligations tinder <br />the declaration or covenants creating or governing the condominium or planned unit development, the by -laws and <br />regulations ofthe condominium or planned unit development, and constituent documents. <br />7. Protection of Lender's Security. It' 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 sung, includin <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br />insurance, as a condition of snaking the loan secured by this Decd of Trust. Borrower shalt pay the pr:m ums require o <br />maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br />Borrowers and Under'% written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with interest thereon. at the !Vote rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. (erects thereon, <br />and Lender to ague ,.hall <br />other terms of payment, such arnounts shall he payable upon notice 1, Trust. <br />Lender to Borrower requesting payment <br />thereof. Nothing contained in this paragraph 7 shall require lender to incur any expense or take any action hcrrundcr. <br />g. Inspection. [ender tray make or cause to be made reasonable entries ,poll and inspections of the Property. <br />provided that Lender shall give Borrower notice prior to any such inspection specifying r•easonatile cause therelor <br />related to Lender's interest in the Prop, rtv. <br />9. Condemnation. The proceeds of any award or claim for damages. direct ur consequential• in connection with <br />any condemnation or other taking of the Property, or• part thereof. or tot- con, ,ancc in lieu cif eondermnatiun, are <br />hereby assigned and shall he paid to Lender, subiect to the terms of any n:;,rtgag e. decd of trust or uttter security l �rcr- <br />ment with a lien which has priority over this Deed ot''I rust. !� <br />111. Borrower Not Released; Forbearance By Lender Not a Waiver. (:xtensiun of the tan►e for payment ttr <br />rnexlific�ation of amortization cd'the sums secured by this Iked of Trust granted by Lenlfl r r" ;rile successor in interest of <br />interest. shall shall ll not I r - quirse. in any itl.enuc +r tht: liahthty of the r,ri�;inai Nurrowe r ,ll 1 stic cver's tiulcccrtisurs it <br />Mcni or. Lender shacll not lie rc °yuired to cauntilenct, pte►eee•ditlgs :.against such %l1vtcsstll ,tr 1011 ` to extend tittle tilt lavt <br />ment or otherwis+� ml Site arnortiratioz► c4 tile: burns secured fle this Deed All Trust h reason ut a €av dernu►ld nladr tw rho• <br />a►ctginai iforrerwer tind fiorrowvr's succe%sors in interest. Anv 1orbearlancc t +s I_rudtr ni cmcrris►tlg any right m 1v llcds <br />hcreoander, or t0erwise alit ►ra.led by eepplio ablc law. shall next be a %A ak cr t7t "u prr'llnl� nc�c t ctcrt r,tc ut .tile su h right ter <br />rF nae�ty <br />11. <br />"I'llit'Vewion and Asiligm Rowed; Joint and Several Liability: C'e►• ®igner�. 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