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85- 0040'0'62 <br />If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are <br />insured or guaranteed by a Federal or state agency (including Lender it 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 he paid to Borrower, <br />and unless such agreement is made or applicable law requires such interest to he 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 daces 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 tail 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 he sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall <br />due. Borrower shall pay to [ender any amount necessary to make up the deficiency in one or more payments as lender <br />may require. <br />Upon payment in full of alf sums secured by this Deed of Trust. Lender shall promptly refund to Borrower any <br />Funds held by' Lender. if under paragraph 1' 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 Payinents. Unless applicable law provides otherwise. all payments received by Lender under <br />the Note and paragraphs I 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 Notc. and then to the principal of the Notc. <br />3. Prior Mortgages and Deeds 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, fines and imposition% attributable to the Properry winch may attain a priority over this <br />[A-td of Trust, and leasehold payments or ground rents. it any. <br />S. Hazard insurance. Borrower shall keep the intprr•c•ntcnt% now cxi%tinL or hereafter erected on the Property <br />insured against ton by tire, haiards included ,within the term "extended co%crage ". it such other ha,,ards is Lender <br />mac require and in such amounts anti for %uch iicntki% as Lender mat require <br />Ilic insurance carrier providing the insurance %lielt fie chosen h% Borrower subject to approval by Lender, prusufcd, <br />that such approval %hall not be unreasonabl% wttfiheld All Insurance pohoc% and renewals thereof shall he in a tome <br />acceptable to hander and shall include I •.randarf nu,rt,,,a" clau,c in tawor of .ind ni a form .rrce•ptahle to Lender. <br />lender %hall have the right to hold the polictc% and r.ne,ud% thereof. %uhtrct to the terms ot,tm n itikRaec. deed of trust <br />or other security agreement wtih lien which has point% ewer rh„ Deed o, l,u %I. <br />lot thre%ent oflv%%. BorrwAc•r shall gtwc• prompt n ncr t" the ms+rramc earner and Lcndrr I ender ruts make prnot <br />of Ins% it nut made prompih by Borrower <br />if the Property is ahand,mcd b% florroa.cr. or It liorr :,, +rr 1.,!'% to re•%p• n,! T­ t Glider , ohin it+ I,,ss bunt the dal,- <br />notice is marled by Le.inicr to Horruwcr the: the nr,uran, c,erne �,ilr r, t 1 %itilr .+ claim t,,r nt,ur.0 :,r henefits. l -:r ;dcr 1% <br />authorized it, culicet and appis the rn%uratice Pr,KCcd, et I rlld vi , „ptton ruiter ro rc,Axatn•n or repair of dic <br />Property nr to the %ums %eeurc d by chi% Decd of I ruse <br />6. Preservation and Maintenance of Pntpern; Ieaseholth; Condominiums; Planned Unit Developments. mn <br />rower %hall keep the Propvm, on go,tt repair and %hall nut rnmr.+r. „a%te .,r permit ,mp :urtlte set or drtrnorrtiur of the <br />Projxwrty and shall contpl} with the prmmons of env Ic,rsr It the, Used of f rust Is m a Iv.icf old. II the, Decd of trust t% <br />on a unit to a condominium or a planned unit kleselopmcnr. Bnrro,we•r ,hall lwrtunn all n! Boriowwer % obligatwns under <br />the declaration or coxenants crcattng or go%rrmng the conrdtm+nuum or planned unit dcielopricnt. the by laws end <br />regulations of the condominium or planned unit dc%chIprucm. mi,f ronsittuent d,teument% <br />7. Protection of Lender's 5erurili. it borra,wcr fails to perform the corenant% and agrvcmcnn contauuxl to this <br />Deed of trust, or if any action ur proceeding i% commenced wluch materially affects Lender', interest to tits Propertn. <br />then Lender. at Lender'% option. upon notice to llorriwcr may make such appearance%. dl %hunt• such %uni%. Including <br />reasonable rttorneys' tees, and take such action as is necessary to protect Leader's interest. 11 Lender required morigake <br />insurancc a% a condition of making the loan secured by chi% Deed Of ll use. Borrower shall pay the prrnrrunis required ro <br />maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br />Borrower's and Lender's written agreement or applicable law. <br />Any amounts di%bur%cd by Lender pur%uant t„ this paragraph '. with interest thereon, at the Notc rate,. shall <br />income additional indchtedne %% of Borrower %ecured by this Decd (d l'nieu Borrower and Lender .,grcr to <br />other terms of payment, such anitnutt% shall he pa -;able upin notice hom Lender to Borrmcer requc%tfng paynn•nt <br />thereof. Nrnhing contained ht chi% paragraph'shall require lender to Incur any c%pen%e or take a»c action herrunefcr <br />A. inspection. lender reed% make ur cause u• he made reasonable entries upon and in%pections of the I'mprrr.. <br />pre »ided that lendet sha!1 give Borrower notice prior n, :nn such inspevilon %peeping reasonable cau%c therclor <br />related to fender'% interest in the 1'rolxrls. <br />V. Coadeassimm". The provec•d% of anti' award set claim for datnages. direct or consequential. set c,,nncenon %lift <br />any condemnation of other taking tit the Propkrty. or part thereof. rot for comcrance tot lieu of coralrrnnaunrs. air <br />hereby woognrd and %hall he part] to Lender. %uhjeY l to the term% of any mortgage. decd of 11-11%, or ,,the r srcurin ego e <br />meat with alien which has ptioruv o%rr this Ihed of 'I rusr. <br />IN. Borrow" Not Released; Forbearance Br Lender Not a Waiver. t %icnsnm „t the tittle for p :nn,rnt • r <br />m „difivatreiti if amtKtrzahort set the %ums secured by this Deed of I rust ,grrnre d by Lcndcr 1-n ,nos ,ucec,sor m nnerr%t „t <br />B <tsrowrr %hall not operate to rrfo•aw to am rnanner. the liabilm of the o igin.il li ,rn+wrr and liorro, :c i % su ,r , "I, m <br />interest, Lender %hall met kw requirrol t., ennsniclut. proccedutgs ag;uust such %u. c.% t ,,r i Luse r„ c%icnd niter for pas <br />nrent or otherwiw m<nfrto ant rt,raunu of the suits %c^curol by this I h-t•tl of 1 rust t,, iv,i un of ant dcnlmj,t ul.,dr ht the <br />, +ttKtnal Rorruwcr and Beerowrr'% %utets%or% In Interest inv turhe,if.mel' 1•% I:n,1cr :n eecr,ts,n,; .u1-, ueht i r. Ill, .l, <br />hsrreonder, 'o +,they" lsr ml+-n9cd h% appltrahfe law. shall n,•t tic .I wait-? <.t or pre, Iwlr th %i ^r ;,r „t ;n1- „ t, I .,;1,= . v <br />n•r•,r,t� <br />t. 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