Laserfiche WebLink
R <br />004441 <br />i <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. <br />If the amount of the Funds held by Leader, together with the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance premiums and ground rem, shall exceed the amount required to pay said taxes, assessments, insurance premiums and <br />ground rests as they fall due, such exrnu shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly <br />instal s mss of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessmeou, insurance premiums and <br />ground rats as they fall due. Borrower sheen 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 fun of all rim secured by this Dad of Trust,. Lender shall promptly refund to Borrower any Funds held by Lender. If <br />under paragraph lg hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately <br />prior to the sak 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. Appileade s of Payesamis, Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I <br />and 2 hereof sham 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 (Vote, theta to the principal of the Note, and then to interest and principal on any Future Advances. <br />d. CkarM l isms• Borrower shalt pay all taxes, assessments and other charges, fines and impositions attributable to the Property which <br />rosy attain a 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 promptly furnish to <br />Lender an 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 Dad of Trust; <br />provided, that Borrower shall net 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 memter acceptable to Lender, or shall in good faith contest such lien by, or defend enfm lit saxit lien <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any put thereof. <br />S. hilaarg Lsnenraa, Borrower shall keep the improvements now existing or hereafter erected on the Property insuted agamr, a " fire, <br />hazards included within the term "extended coverage ", and such other hazards as Lender may require and in such amounts aaat tv :aaft pcnods <br />as Leader may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage rzW4uvd 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 />shelf eta be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not <br />paid -a such mrwter. 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 notioes and an receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and <br />Lender. Lender tray snake 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 Iced 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 stmta secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower. or if <br />Barowa 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 sums secured by this Deed of Trust. <br />JIM <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due <br />�s <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 Leader, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds <br />thereof rauhialf from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Dad <br />of Trust immediately prior to such sale or mquiCtion. <br />f. Plants- MlM Md llelelea— of F "sty; L sseYolds; (omdodmhaess; Thames/ Unit Dadepesemu. Borrower shall keep the <br />Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions <br />of any lase if this Dead of Trust is on a knelrotd. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower <br />shall perform all of Borrower's obiijatieM under the declaration or covenants crating or governing the condominium or planned unit <br />development, the by -laws and regulations of the condominium or planned unit development, and constituent docummu. if a condominium or <br />planned wit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such <br />rider sball be incorporated into and shall armed and supplement the covenants and agreements of this Deed of Trust as if the rider were a pert <br />hereof. <br />7. ProteeMoe of Leader's 9eearity. If Borrower fails to perform the covenants loud 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 />insolvency, exude enforcement, or arrasla cents or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice <br />to Borrower, may Make such Appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but <br />net nmdad to, d"wmment of reasonable attorney's fees and entry upon the Property to make repairs. If Leader required mortgage insurance <br />as a condition of ranking the Inca secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect <br />unto such tine as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable <br />haw. Borrows SW pay the amount of as mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts ditburwd by Leader pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Deed of Tnrl. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from <br />Lender to Borrower requesll" payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on <br />outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts <br />SW bear interest to the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any <br />expense or take say action hereunder. <br />` I. (espet" . Lender my make or cause lobe made reasonable entries upon and inspections of the Property, provided that Lender shall <br />L give Borrower notice prior to any such Inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br />p. Coe /sNmiM. The proceeds of any award or claim for damages, director consequential, in connection with any :ondernnaiion or <br />other taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to i cndci . <br />In the event of a total akiag cif the Property, the proceeds shall be applied to the sums secured by this Deed of Trust. with the excess, it any, <br />Paid to Borrower. can the event of a partial taking of the Property, unless Borrower and Lender othetwisc agdce in writing, there shall he a?plicd <br />rot the sums secured by this Deed of Trust such proportion of the proceeds as is equal eo that proportion which Ad• autounr of the sums secured <br />R <br />