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85 -00302 <br />applicable law is i such interest to be paid, Lender shall not he 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 .aid debits to the Funds and the purpose for which cacti <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 Fonds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance pretnimss and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and <br />ground rents as they fail due, such excm 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 sW 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 IS hereof the Property is sold or the Property is otherwise acquired by Lender, Leader shall apply, no later titan immediately <br />prior to the sale of the Property or its acquisition by Leader, any Funds held by lender at the time of application as a credi! against the sums <br />secured by this Deed of 1 rut. <br />3. Ap/geatloa of Payneab. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 <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. Cl arges; l.ieas. 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 .,ayee thereof. Borrower shall promptly furnish to <br />Lender all notices of amounts due under this paragraph, and in the event Borrower shat; make payment directly, Borrower shall promptly <br />furnish to Lender receipts evidencing such payments. Borrower shall promptly Dyed discharge Am lien which has priority over this of Trust; <br />provided. that Borrower shall not 6e required to discharge any such lien vc, long As Boftowrr stead agree in writing to the paymr;dt of the <br />obligation secured by such lien in a manner acceptable to Lender, or shall in gixvd ta,th ;ontc+i sus . lien Fn, or drfend enforcement of such tier <br />in, legal proceedings which operate to prevent the enforcement of the lien or toricnurc of the P-o-' Irlly est any , aTl th—of. <br />S. Hazard Iaaanace. Borrower shall keep the improvements now exist nit or hcrcaIIer rrro .cut -v the Protasty tasureci against loss by fire. <br />hazards included within the term "extended coverage ", and such other hazards as I ender ma. rr,} ;;rc eta„ if, �u;.h amounts and for such periods <br />as l,tnder may require; provided, that Lender shall not require that the amount o,' +use ssnn I ttat am „unt of coverage required -pay <br />the sums secured by this Deed of Trust. <br />The Insurance carrier providing the insurance shall be chosen by Borrower suh,cct it, apprsssai by I ender, pr: tided, that such approval <br />shall not he unreasonably withheld. All premiums on insurance policies shall he paid in the manner proms idcd under paragraph .1 hereof or, if not <br />pa,d in such manner, by Borrower making payment, when due, directly to the msurarcc carrier, <br />Alt insurance policies and renewals thereof shall be in form acceptable rte Lender and shall Include a standard mortgage clause in favor of <br />and ,n torm acceptable to Lender. Lender shall have the right to hold the p oficdcs and renewals thereof, and Borrower shall promptly furnish to <br />I ender all renewal notices and all receipts of paid premiums. in the event of 1os. Borrower shall give prompt notice to the insurance carrier ard <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 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 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 madeo by '_ender to Borrower that the insurance carrier offers to <br />settle a claim for insurance benefits, Lender is authortred 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 feed of Trust. <br />Unless Lender and Borrower otherwise agree in venting, any such rtpphcAt?on of proceeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I Arid 2 hereof or change the amount of such installments. If under paragraph is <br />hereof the Property is acquired by Lender, all right, sale and interest of fiurrowcr in and to any insurance policies and in and to the proceeds <br />thereof resulting from damage to the Property prior to u” sale or Acqutvuon strait pass ur Lender to the extent of the sums secured by this Deed <br />of Trust Immediately prior to such sale or acquisition. <br />a. PnsetsaWa read Mainseenew of Preperq; L.ellaeYolda: Coadntalalums; Placard Unit DevelolwAtels. Borrower shall keep the <br />Property in good repair and shall riot commit waste or permit unpairmcn• or deterioration of the Property and shall comply with the provisions <br />of any least if this Deed of Trust is on a lesuhoid. If this Deed of Trust is on a unit to a condominium or a planned unit development, Borrower <br />shall perform all of Borrower's obligations tinder the declaration of covenants creating or governing the condominium or planned unit <br />development, the by-laws and regulations of the condomtmum or planned unit development, and constituent documents. if a condominium or <br />planted unit development rider is 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 Deed of Trust as if the rider were a part <br />hereof. <br />T. Prolactloa of Lender's fxearfty. if Borrower fails to perform the covenants and agreements contained in this feed of 'Trust, or if any <br />action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, <br />iruolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice <br />to Borrower. may make smit appearances, disburse such sunu and take such action as is necessary to protect lender's interest, including, but <br />not limited to, disbursement of reasonable attorney'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 Diced of Trust, Borrower shall pay the premiums requited to maintain such insurance in effect <br />until such time as the requirement for such insurance trrminales in accordance with Borrower's and Lender's written agreement or applicable <br />Law. Harrower shell pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest therein, shall become additional indehteCncss of Borrower <br />sawod by this Deed of Trust. Unkss Borrower and Lender agree to other terms of payment, such amounts shalt he payable upon notice from <br />Leader it) Borrower raluesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time um time on <br />oattiandfng principal under the Note unless payment of interest at such rate would be cuntrary to applicable paw, in which event %udi amounts <br />shall bear interest at the highest rate permissible under applicable law. Noshing contained in this paragraph 7 shall require Lender to incur Anv <br />expense or take any action hereunder. N <br />IS. Iagaed". Lender ma; matte or cause to be matte reax}nahle entries upon arid inspections of the Property, provided that I ender shad <br />+— rout Hsxtower nafee prior io any such inspection Apaifytng reasonable cAUSC therefor related to Lender's interess ir. the Prsitsrris <br />C foodeammidea, Tie proceeds of any award or claim for dantages, dire) or consequential, eat ormr;tion will-, am vndcnTriauon r, <br />fv. <br />ether taking of the Property, or part thereof, or for conveyarxe art Idea e,f cottdrmnation, arc hereby assigned Auld steal! tic paid i 1 ea,frd ep <br />In the csent of a tmal taking of the Property, the peoLmiN shaii f+r rip pllrd to the xm;s sea ured b% this Deed of hear,, w,th hr ^.x. es, 0 errs <br />t` <br />ts'esI ?,r wirtown, In the event of a partial talking of the ProPtTl%. unless ik,rrowcr And Lender otl!cr%s,r Agirr in writing. 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