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85.x. 004413 <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 Borrower, without 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 was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. I <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 taxes, <br />assessments, insurance premium and grouted rents, dull exceed the amount required to pay said taxes, assessments, insurance premiums and <br />ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly <br />r insallmaus of Funds. If the amount of the Funds bold by Lender shall not be sufficient to pay taxes, assessnents, insurance premiums and <br />ground rents as they fall due, 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 anew secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If <br />under pl ryraph IS hereof the Property is sold or the Property is otherwise acquired by Leda, Lender der 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 spiwt the stuns <br />secured by this Deed of Trust. <br />3. Applead" of hymwes 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 feat 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. Christen; IAem, 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 lauhold 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 shalFnol 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 manna acceptable to Lender, or shall in good faith contest such lien by, or defect enforcement of such lien <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />S. Hearst Im worm. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, <br />hazards included within the term "extended coverage ", and such 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 snaking 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 Leader. 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 />Unless Leader 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 Dad of Trust would be impaired, the insure= proceeds shall be <br />applied to the sums socmred by this Dad of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if <br />r <br />BorraW -r 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, tender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or <br />' <br />repitu of the Property or to the sums secured by this Deed of Trust. <br />Unless Leader and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />date of the moodily 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 resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed <br />of True immediately prior to such sak or acquisition. <br />L. Pletimo Nn std MdaMnnra of Pastgerty; L.emeht"; CodomMrmnr; PYod Un8 nearsiapmmu. Borrower shall keep the <br />Property in good repair and shall not commit wage or permit impairment or deterioration of the Property and shall comply with the provisions <br />of say lea a if tide Dad of Trust is on a Ieudtoid. If this Dead of Trust is on a unit in a condominium or a planted unit development. Borrower <br />shag perform all of Borrower's obligations under the declaration or covenants crating or governing the condominium or planned unit <br />development, the by -laws ad regulatiosr of the condominium or planned unit development. and constituent documents. If a condominium or <br />pleased unit developmew rider is executed by Borrower and recorded together with this Dad of Trtwt, the covenants and agreements of such <br />rider shah be incorporated into std shall amssmd and supplement the covenants and agreements of this Deed of Trust as if the rider were a pan <br />hereof. <br />7. Prseaed" of Gender's Smwky. If Borrower fails to perform the covenants and agreements contained in this Dad 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 />insolvency. code aforcm" m, or arraugemonts or proceedings involving a bankrupt or doaxdent, then Lender at Lender's option, upon notice <br />to Borrower, may mace such apparasres, disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />not Hmkted to, disbursement of remora" ettorsey's fora and entry upon the Property to make repairs, if Lender required mortgage insurance <br />u a condition of making the loan secured by this Deed of Trust, Bmrower shall pay the premiums required to maintain such insurance in effect <br />until such time as dw requirement for such insurance terminates in accordance with Borrower's and tender's written agreement or applicable <br />law. Harrower dean pay the amount of all mortgagr insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lander pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Dad of Try. Utdw Horrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requ md" paymeaq' thereof, and shall but interest from the date of disbursement at the rate payable from time to time on <br />outstanding Principal under the Now smiles payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />shall hies interest at the MOW rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />expense or tab any action hereunder. <br />II. I.q.tI Lades may make or cause to be made reasonable entries upon and inspections of the Property, provided that I -ender shall <br />L give Borrower aoim prior to any such im pcetion specifying reasonable cause therefor related uh Lender's interest in the Property. <br />0, CanMmsaYos. The proceeds of any award or claim fat damages, direct or consequential, in connection with any condemnation or <br />,Aber taking of the Ptoperty, or part tMreof. or for conveyance in lieu of condemnation, are hereby assigned and shall he paid to Lender <br />h <br />In the event cif a total taking of the Property, the proceeds shall he applied to the sums secured by this Decd of I'tust, with the Mess. it and, <br />paid to Borrower. In the event of a partial taking of the Property, unless Ik,rruwer and Lender mhetwi.c asicr m wtitinR, there Ohall be appled <br />U) the coma sox uird by this Deed of Trust uKh proportion of the pnxmia+ i, rqual to that pr op t,rnon ahtch thr amni,oi rat tile- vents s"III rd <br />M <br />