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R] <br />°- 003917 <br />applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall <br />give to Borrowq, wi 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 wars ni�a�e: 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 iaxes, <br />assessments, insurance premiums an4 ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and <br />ground rents as they fall dux, 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 dux. 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 Lander. If <br />under paragraph Ig 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 application as a credit against the sums <br />secured by this Deed of Trust. <br />3. Ap/Ycadoa d taymeMs• 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 />♦, Charges; Lleas. 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 defene enforcement of such lien <br />in, legal proceedings which operate to prevent the cnforcerrenr of the lien or forfeiture of the Property or any part thereof. <br />S. Hattaril Iwnoce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, <br />hazards includes; within the term -'extended coverage•-, and nosh 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 />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 made promptly by Borrower. <br />finks, 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 c his Deed of crust would be impaired, the insurance proceeds shall be <br />applied to the sums secured by this Dad 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 />setrie a claim for insurance benefits. Leader is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or <br />;cpair of the Property or to the sutras secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of prtxeeds to principal shall not extend or postpone the due <br />date of the monthly installments referred to in paragraphs I 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 rt,••._iing 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 immediately prior to such sale or acquisition. <br />6, Prsoeeradoo W 11MHMraatsst of hogerty; Leoseholla, ( o odominium; Ptaooed Unit Deveiopoe ts. Borrower shall keep the <br />Property in good repair and shall not commit waste or permit ins, aitmew or deterioration of the Property and shall comply with the provisions <br />of any lease if this Deed of Truest is on a leasehold. If this feed of 'I rust 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 />development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or <br />planned unit development rider is executed by Borrower and recorded together with this Decd of Trust, the covenants and agreements of such <br />rider shall be incorporated into and shag amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part <br />hereof. <br />7. Prsssetloa of Leader's Seeority. if Borrower fails toper form the covenants and agreements contained in this Deed 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 />insolvenc), 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 appearance, disburse such sums 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 Man secured by this Decd of Trust, Borrower shall pay the premiums required to maintain such insurance in effect <br />until such ume as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />law. lkirrower shall 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 ?, with interest thereon, shall become additional indebtedness of Brnrower <br />secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall he payable upon notice from <br />Lender to Borrower requesting payment thereof, and shall bear interest floor the date of disbursement at the rate payable from time to time on <br />owtstarsdins principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall bear iMaest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require I ender to incur env <br />etpense or take any action hereunder. <br />g. Ioaprflos. Lersder may make or cause to he made reasonable entries upon and inspections of the Property, provided that Lender shall <br />gut Botrowen notcee prior to any such inspection specirying reasonable cause therefor related to Lender's interest in the Property. <br />i it <br />•. CooeMwortles. The proceeds of any award or claim tot damages, direct or consequential, in connection wish ,uiv condemnation of <br />twhrf taking of the Properly, or part thereof. or for convevanre in lieu ,i1 tiluden;naiion, are herebv assigned and shall hr said to D ender <br />n <br />In theesctu of a local takingof the Property, the pimeesds shall tie app!inf tci ihr sums se cared by this Deed nit Must, wiih ihr cscev , :I am, <br />, <br />,•arid u•• ltaNSr9wer In the event of ■ partial eking of the Property. wd,,, lto,ro rr and I ender ,ithcrut%e atria w %ininit, there *hall he apsl,cnl <br />,,,!he suirt +'enured by this Dead of Trust vach proportion of ihr snxre,i, ,, i, ; ^y„al , , than i =i,gw,tt,oh, ah,tl, ti,r annnnit :,l ,hi ­m, <<.,r"t <br />R] <br />