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<br />I <br /> <br />83-fJ0145G <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />,t. Payment of Principal and interest. Borrower shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest <br />on any Future Advances secured by this Deed of Trust. <br />Z. Funds for To.. and 1.....1'1..."". Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full, <br />a sum (herein "Funds") equal to -0ne~twelfth of the yearly taxes and assessments wohich may attain priority over this <br />Deed of Trust, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, <br />plus one-twelfth of yearly premium installments for mortgage insurance. if any. aU as reasonably estimated initially and from <br />time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. <br />The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or <br />state agency (including Lender if Lender is such an institution), Lender shall apply the Funds to pay said taxes, asse..sments. <br />insurance premiums and ground rents, Lender may not charge for so holding and applying the Funds, analyzing said account <br />or verifying and compiling said assessments and bills. unless Lender pays Borrower interest on the Funds and applicable law <br />permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this <br />Deed of Trust that interest on lhe Funds shall be paid to Borrower. and unless sllch agreement is made or applicable Jaw <br />requires such interest to be paid. Lender shaH not be requir:ed to pay Borrower any interest or earnings on the Funds. Lender <br />shall give to Borrower. without charge. an annual accounting of the Funds showmg credits and debits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured <br />by this Deed of Trust, <br />If tbe amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to <br />the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes. <br />assessments, insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option, either <br />promptJy repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds <br />held by Lender shaH not be sufficient 10 pay taxes. assessments. insurance premiums and ground rents as they fall due. <br />Borrower shall pay to lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed <br />by Lender to Borrower requesting payment thereof. <br />Upon payment in fun of all sums secured by thrs Deed of Trust. Lender shall promptly refund to Borrower any Funds <br />held by Lender. If under paragraph 18 hereof the Property is sold Of the Property IS otherwise acquired by Lender. Lender <br />shall apply. no later than immediately prior to the !<I,llc {)f' the Property or its acquisition hy Lender. any Funds held by <br />Lender at the time of application as a credit against the sums secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable !a\,v provides l.thcf\\'ise. all payments received by Lender under the <br />Note and paragraphs I and 2 hereof shall be applied by Lender first to payment of amounts payablc to Lender by Borrower <br />under paragraph 2 hereof. then to intcrc!'tt payable on the ;\lore. then to the pnnclpal of the Note. and then [0 interest and <br />principal on any Future Advances, <br />4. Charx6; IJens. Borrower shaU pay all ta\.cs. .lssessmcO(s. and l'thcr charges. tInes and impositions auributable to <br />the Propeny which may attain a priority over rhls Deed (If Trust. and leasehold payments or ground rents. if any, in the <br />manner provided under paragraph 2 hereof or, if nor paid in su~h manner, hy Borrower making payment. when due. directly <br />to the payee thereof. Borrower shall promptly furnish to Lender all notices pf amounts due u~der this paragraph. and in the <br />event Borrower shall make payment directly. Borrower shall promptly furmsh to Lender receipts evidencing such payments. <br />BOfT?wer shall promptly discharge any lien which has priority \wer thiS Deed of Trust: prOVided. that Borrower shall not he <br />required to discharge any such lien :;'0 long as Borrower '\.haH agree HI writlOg H-' the payment of the obligatIOn secured ~y <br />such hen in a manner acceptable to Lender, ur shall III good faith conr~st such hen by. I)r defend enforcement of such 11cn In. <br />le,al proceedings which operate to prevent the cnfo~cement of the hen or forfeitUre of the Property or any part thereof. <br />s. Hazard Insuna~. Borrower shall keep the Improvements now e\lstmg or hereafter erected on rhe Property insured <br />agajilst Joss by fire, hazards included within the teml "c\lendeJ (.;(werJgc.'. and such <-'ther halards as Lender may require <br />and in such amounts and for such periods as Lender may requlfl:-; prOVIded. that Lender shall nOI require that the amount of <br />'i\lch coverage exceed that amount of coverage reqUIred {(\ pay the sums ~i."ured by thiS Deed of Tnlst. <br />The Insurance carri~r pn..wlding the insurance "hall be cho..en t'1y Borrnwer subject to appro,,::!1 by Lender; prOVided. <br />that such approval shall not be unreasonably wlthheld, All prtnllurns on Insurance policies shall be paid in the manner <br />provided under paragraph 2 hereof or, if nOI paid in .uch manner, by Borrower making paymenl, when due, directly to the <br />insurance carrier. <br />All insurance policies and renewals thereof shall be in (orm acceptable tp Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shalt haH~ the fight 10 hold the policies and renewals thereof. <br />.and Borrower shall promptly furnish 10 Lender all renewal notices and alt receipts (}f paul premiums. In [he event of loss. <br />Borrower shall give prompt notice to the insurance carner and Ll"nlkr. Lender may make proof of loss If not made promptly <br />bv Borrower, <br />~ Unless Lender and Borrower otherWise agree 1n writ mg. Insurance proceeds ~ha!l be applied to restoration or repair of <br />the Property damaged, provided such reslOratJOn of repair :~ c(:(ml1nlu:ally feas.lble .lnd the secnr.l)' of thi~ Deed of Trust IS <br />not thereby impaired. If such restorat!On or repair i'\ nHl economit.:"ally feaSible or If the ~ecllrity of thios Dt..'ed of ~'rllsl would <br />be Imp-aired. the insurance proceeds shall be applied to the sums se..:ured hy this l"k-ed of Trust. wlth the ex.cess, If any. paid <br />10 Borrower. If the Property is abandoned by Borrower. \)r if Borrower fouls t\.1 f~pond to Lender withm 30 days from the' <br />date notice is. mailed by Lender Ii,) Borrower that lhe IOsuran,~ ,,'arner orlcr\ to s.ettle a claim for in:-.urance benefils. Lender <br />is authorized to ,ollect and apply the insuralk:c proceeds at Lender's \.)ptitm eilher to rcstoration or repair of the Property <br />()f 10 the sums secured by this Deed of Tru.t, <br />tJoless Lender and Borrower otberwl$e agree 10 ""filing. ~ln\. ~uch "'pplh.~ath,)o 01 proceeds to principal shall not e)\lend <br />or postpone the due date of the monlhly installments rdcrred 10 HI paragraphs I and 2 her~o( or i.:hange the amount of <br />such installments. If under paragraph I ~ her""t the Property" aC4u"ed by Lender, "II nght, tItle and interest of BorH'wer <br />in and to any insuran<."C policies and in and to the pn\C~s lherc(II r~uhing trom damage 10 the Property prior tl' the sale <br />or acquisition shall pass to Lender 10 the e:\tent ol the sums s<<:curcO i:'l~ this lleeU of Trust immedIately prior to ~uch ~ale or <br />acquisition. <br />6. ~alioa..... MaIate_e 01 Property; u_boIds; Condominiums; Planned Unit Developments, Borrower <br />shaH ka}p the Propeny in good repair and ..hall not COllUllll '-'aMe llf ","~rmtl Ifllp.urmcnt or deterioration ('If the Property <br />and shall comply with the provisions of any lease if this Deed of Tru.t IS Oil a leasehold, If this Deed of Trust is Oil a unit in a <br />condominium or a planned unit de\'elopmeot~ Borrower shaH peuorm all of Borrower"s obligations under the declaration <br />or covenanfs creating or governing the condommlUl11 l)r planned unit developmeOl. the by-laws and regulatil)nS of the <br />l'Olldominium or planned unit development. and conslltuent documents_ If a ~()ndominium or planned UnIt development <br />rider i~ executed by Borrower and recorded together with ihis Deed of TruSl, the covenants and agreements of slIch rider <br />shaJl be incorporated into and shall amend and supplement the CtWenants <lOU agreements of this Deed \If Tru~t as if the rider <br />were a pwt hereof, <br />7.. Preted:Ioa of L.eedu-'s SKwily. If 8ono~-er fads. h,l perform the t.:u'\'enants and agreements .;:ontnined in this <br />Deed of Trust, or if any acrion or proceeding is commenced which materially affects Lender.s interest in the Property. <br />including. but not limited to, enuncnt domain. insolv-enc}. code enforcement. or arrangements or proceedings. IOvolvlng a <br />bankrupt or decedent, then Lender at Lender's option. upon nOlice 10 Borrower. may make such appear~1l1l.:es. disburse ~lh:h <br />sums and take such action as is necessaf)' to protect Lender\ inlerest, ir::duding, hUl not limiled to. disbursement ot <br />rcasouable attorney's fees .and entry upon the Propeny to make repairs_ If Lender re'1uircd mortgage Ins-ur.1nt:C .1" a <br />condition of mw.oa the loan secured by this .Decd of Trust. Borrower shall pay the premiums requlred to mi."nt~"n \llCh <br />iO$Ufance in effect until such time a$ the requirement for such insuran~e terminates in uccordam;l~ with BllfU)\\,cr's and <br />Lender', \\'rit!en aan:ement. Of applicable law. Borrower shaH pay the amount t\r all mortgage insuran,"c plCmlllnl1'l In the <br />maJlDllf prov.ded under paraaraph 2 hereof. <br />Au)' amountJ disbuned by lender pursuant 10 dll~ paragraph 7, with llHerest there\lu. !'<hail be"(HHC .IJdili\'Uul <br />indtbtedness of Borrower S4!K:urcQ by thili. :Deed of Tru~l. l J n}ess. Borrower and Lender agree to other terms \.')t pa) mcnt. "ll~h <br />aftlOUQU shan be payable upon notice from Lender to Borrower Tfiluestmg patymcnt thereof. and shaH ht:-ar IOtCtcsl ff\lnl the <br />date of cUsbufletDCOt at the rate payable from time to time on outstandIng prih\:.pal under the Note unless payment {If intcrcllot <br />.t 1Q(;h rate. would be cl.mtruy to apph~able: law. In whl,h ('vent slk::h amounts ~hall bear mterest at the hi~hest rate <br />per~_undef appiicable law. No-thinl cftnt.unw in thi\ pua&fjlph 7 sh,,1l require l.ender to Int'ur any t.~.\pense (tr take <br />any ~ btnIumlDr. <br />~ ~ Lender may m~e- \)f caUH; 10 be ml.~ reaii..)f\ablc enlnes upon .and /l'lspei.:hoo,," Of the Property, pH" idcd <br />tbal 1...eftder tbalI JiVe- Borrower noU.ce pnor to iHl) such JOt.p<<-ttOH ",~~ryin& nawuable .;ause !ht.'rthH related. hl I cot..lt..'r'", <br />,nt_ in the I'rooenv, <br />