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1 <br />L <br />M <br />85 003499 <br />applicable yranterest to be paid, Lender shall not be required to pay Borrower any interest or earn <br />give to lior"�` t'� earnings on the Funds. Lender shall <br />ge, 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 nude. The Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />If the amount of the Furls held by Lender, together with the future monthly installments of Funds <br />Payable prior to the due dates of taxes, <br />assessments, insurance premiums and ground rents. shall exceed the amount required to pay saW taxes, assessments, insurance premiums and <br />ground tests 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 }odd 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 snake 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 enured by this Deed of Trust, Lender shall Promptly refund to Borrower any Funds hid 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 a <br />secured by this Deed of Trust. pplication as a credit against the sutras <br />3. AppllwWm of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and <br />and 2 hereof shah be paragraphs t <br />aPPhed 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. Chimes; foams. Borrower shall pay all taxes, assessments and other charges, fines and impositions <br />may attain a attributable to the Property which <br />priority over this Dad 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 <br />Lender all notices of amounts dire under this promptly furnish to <br />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 her priority over this Iced of Trust; <br />Provided, that Borrower shall not-be required to discharge any such lien so Jong as Borrower shall Agra 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 />n, legal Proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any putt thereof. <br />S. flotartt fswromce, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Joss by ffe, <br />hazards included within the term "extender! coverage ", and such other hazards as Lender may regent oral 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 periods <br />lay <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 nude promptly by Borrower. <br />Unless Leader and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repiair of the Property <br />dames, 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 not economically feasible or if the security of this Eked of Trust would be impaired, the insurance proceeds shall be <br />applied to the runts 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 option either to restoration or <br />repair of the Property or to the suers 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 monsUmems referred to in paragraphs I and 2 hereof or <br />change the amount of such installments. If under paragraph 18 <br />hereof the Property is acquired by Lander, all right, title and interest of Borrower in and to any insurance Policies and in and to the proceeds <br />thereof resuhang from dnmye to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums cured by this Deed <br />of Trust ' prior to such sale or acquisition. <br />6. Pruwvad m and hgalmsamam" of Flulnety; Lemoboll&; Cowoalshems; rhneed Usth <br />Prey in good report and shall not commit waste or Borrower scull keep the <br />Permit impairment or deterioration of the Property std shah comply with the provisions <br />of any lease if this Dad of Trust is on a lemehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower <br />Perform he aft of am and regulations lation Obligations tenter ors declaration or covenants creating or govermiag the condominium or planned unit <br />the Pry sows and reppnlstioos of tle condominium or planned unit development, and constituent documents. If a condominium or <br />pruned dove fopment rlder a executed by Borrower and recorded together with this Deed of Trust. the covenants and agreements of such <br />rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Dead of T <br />hereof. rust as if the rider were a put <br />7, rrobetlom of hander's Swuloy. If Borrower fails to perform the covenants and <br />action or proceeding is commenced which aBty. ients including. but i t this D� of Trust, or if any <br />materially affects Lender's interest in the Property, including, but too limited to. eaninrnd domain, <br />kdolvency, code enforce, or arrangements or proeeediuugs involving a bankrupt or decadent, then Lender at Lender's option, upon notice <br />to Borrower, may make such appearances, disburse such stuns and take such action as is to <br />not limited to, disbursement ttY protect Leader's interest, ire luditig, but <br />of reasonable attorney's fee and entry upon the Property to make repairs. If Lender required mortgage insurance <br />a a condition of making the loan secured by this Deed of Trust. Borrower shall pay the premiums required to Maintain such insurance in effect <br />until such time a the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law. BoROwer sW Pay the amount of ad moryye insurance Premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, she i become additional indebtedness of Borrower <br />secured by this Deed of Try. Union Borrower and Louder agree to other terms of Payment, such amounts shall be payable upon notice from <br />Lender to Borrower ryyugPing payment thereof, and bar mat from the date of disbursement at the rats <br />Outstanding <br />p� under the I� unions payable from time to time is <br />payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />AM <br />bear interest at the highest rate permissible under applicable law. Nothing contained in this <br />dept or take any action hereunder, paragraph 7 shall require Lender to incur any <br />& f•spaelhm• Lender may make or cause to be made reasonable entries upon and inspections <br />give Borrower woe prior to an such d to Lender's a the Property, provided that Lender shall <br />Y ttapection specifying reasonable cane therefor relater! to Lenders interest in the Property. <br />,• CeudssmooYom• The Proceeds of any award or claim for damages, direct or consequential, <br />other taking f the P hereb i connection with any condemnation or <br />� roPertY, or earl thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, <br />paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied <br />to the sums secured by this Deed of Trust such proportion of the broads as is equal to that proportion which the amount of the sums secured <br />�i <br />