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<br />I <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />.I. Payment of PrlncipallUld 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 bv this Deed of Trust. <br />2. FDDds for Taus and InsUrance, Subject to applicable law or to a w,itten 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 oncwtweffth of the yearly taxes and assessments \vhich may attain priority over this <br />Deed of Trust. and ground rents on the Property, if any, plus oncwiwclfth of yearly premium installments for hazard insurance. <br />plus one~twelfth of yearly premium installments for mortgage insurance, if any, all 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 />slate agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments. <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 Jaw <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 the Funds s.hall be paid to Borrower. and unless slIch agreement is made or applicable law <br />requires such interest to be paid, Lender shaH not be required to pay Borrower any intcrest or earnings on the Funds. Lender <br />shall give to Borrower. without. charge. an annual accounting of the Funds sho\l..'Ing credits. ~lOd dehits to the Funds and the <br />purpose for which each debit to the Funds was made. The Funds arc pledged as additional security for the sums secured <br />hy this Deed of Trust. <br />If the amollnt 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 ;1$ lhey tall due, such excess shall he. ;It Borrower's option, either <br />promptly repaid to Borrower or credited to Borrower l.Jn monthly installments of Funds. If the amount of the Fund~ <br />held by Lender shall not be sufficient to pay taxes, assessments. insurance premiums and ground rents as they fall duc. <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 this Deed of Trust. Lender shaH promptly refund It) Borrower any Funds <br />held by Lender. If under paragraph 18 hereof rhc ProperlY I.., sold or the Property IS otherwise acquired by Lender. Lender <br />shall apply. no later than immediately prior to the sale of the Property or its acquisition by 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 bw proVides othervl!lse. all payments received by Lender under the <br />Note and paragraphs f and 2 hereof shall be applied by Lender first in payment (If amounts payable to Lender by Borrower <br />under paragraph 2 hereof, then to interest payable on Ihe Note. then to the principr.1l of the Note. and then to interest and <br />principal on any Future Advances. <br />4. Charges: Liens. Borrower shall pay all taxe.,. a~cssmen(';; .lnd nther charges. fines ~md impositions attributable to <br />the Propeny which may attain a priority over this Deed of Trust. and leasehold payments or ground rents, if any. in the <br />manner provided under paragraph 2 hereof or. if not pail! in such manner, by Borrower making payment, when due, directly <br />to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph. and in the <br />event Borrower shall make payment directly. Borrower ~haJi promptly furnish to Lender receipts evidencing such payments. <br />Borrower shall prompHy discharge any lien which has pnoflt)' over this Dced of Trust: prOVided. that Borrower shall not he <br />required to di~charge any such lien so long ;ts Borrower shall agree in writing t(l the payment of the obligation secured by <br />~uch lien in a manner acceptable to Lender. or shall in good faIth contest s.uch lien by, t1r defend enforcement of such lien in. <br />legal proceedings which operate to prevent the enforcement of [he !il'n or forfeiwre of the Propert)' or any part thereof. <br />S. Hazard Insunmce. Borrower shall keep the improvements now C\lstmg or hereafter erected (In the Property insured <br />against loss by fire, hazards induded within the term "extended coverage", ~tnJ sUi:h other hazards as Lender may require <br />and In stich amounts and for such penods as Lender may reqUire: provlI.k'u, that Lender shall not reqUIre that the amount of <br />'\uch coverage exceed that amount of coveragl: reqUIred to pay the sumo,; si.."<.:urcd by thiS Deed of Trust. <br />The insurance carrier providing the insurance ",hall be (ho~en hy Hl)ff()Wer 'Subject to approval by Lend~r: provided. <br />that such approval shall not be unreasonably withheld. ..\11 premiums on insurance policies shall be paid in the manner <br />provided under paragraph 2 hereof or, if nOI paid in such manner. hy Borrower making payment. when due. directly to the <br />insurance carrier. <br />All insurance policies and renewals thereof shall he in form acccprabJc to Lender and shall indude a standard mongage <br />dause in favor of and in form acceptable to Lender. Lender shall ha\"t~ the nght tl) hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all renewal notices and all receIpts of paid premiums. In the event of loss. <br />Borrower shan give prompt notice to the insurance (arTler .and Lender. Lender may make proof of loss If not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agf(.~ in \\-ritlng. 1l1suranc~ procel:ds ~hall be applied to restoration or repair of <br />the Property damaged. provided such restoration or repair i~ t'..::....momh.:ally f~asiblc and the se(.':urity of this- Dee-d of Trust is <br />not thereby impaired. If su~h restoration or repair is not ec~)nomi..:ally f~aslble or It the ~e1.":urity of this Deed of Trust would <br />be Impaired, the insurance proceeds shall be applieD to the sums secured hy {his Deed ('tf Trust, with the excess, if any. paid <br />to Borrower. If the Property is abandoned by Borrowt:f. or if Borrower ("ils to respond to Lender within 30 days from the <br />date notice is mailed by Lender to Borrower that the IIls.uranel.' .:arflcr l)tfcrs to settle J d,Uffi for IOSllranl..'C henefits, Lender <br />is authorized to collect and apply (he insurance prO(~eeds at Lender~ ('ption either to restoration or repair of fhe Property <br />or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing. any ~lIch application (11 proceeds to principal shall not extend <br />or postpone (he due date of the momhly installments. r~ferred to in paragraphs 1 Jnd :! hereof or change the amount of <br />such installments. If under paragraph t X hereoJ the Property I~ aCyUlrN hy l.ender. all right, title and interest of Borrower <br />in and to any insurance JXlhcies and in and to the pro~eeds thereuf resulting from damage to the Property prior 10 the sale <br />or acquisition shall pass to Lender to the t:.\tent of the sums ~ecured hy this Deed of Trust immediately prior to such sale or <br />acquisition. <br />6. P""",,,,ation and Mainlenance of ProperlY; Leaseholds; Condominiums; Planned Unil Developments, Borrower <br />o;.halJ keep the Property in g(.)(,d repair and shall not ,,:mnoHt \\ash: ~,t permit impaumt:1H or l..ktaiorati~",n of the Property <br />and shall comply with the provisions. of any lease if this Deed of Tru~t is on a lea:<.ehold. If this Deed of Trust is on a unit in <.l <br />condominium or a planned unit development~ Borrower shall perJorm ail of Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the <br />c~nd~minium or planned uUlt development. and cunstituent dOt.:uments. If a condominium or planned !.lnit development <br />rider IS executed by Borrower and recorded together with this Deed of Trust. the covenants and agreements of such rider <br />shall be incorporated into and shall amend and supplern~nt the covenanh anti agreements of this Deed of Tru~t as if the rider <br />were a plU't hereof. <br />7. Protection of Leader's Security. If Borrower falls to per((.).rm the covenants and agreements \.'ontamed in lhi.;; <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />including, but not limited to, eminent domain. insolvency. code enforcemenl. or arrangements or prucccdinglot involving. a <br />bankrupt or decedent, then Lender at lender's option, upon notice [0 Borrower. may make such appearances. dishurse slIch <br />sums and take such action as is ne(.::essary to protecl Lender~ mter~t. including. hut not iimited to. di~burscment l'! <br />reasonable attorney's fees and entry upon the Property to make repairs ;1 l.euder required mortgage ins.uUlnce a... a <br />condition of making the loan secured by this Deed of Trust. BorRlwcr shall pay the premiums required to maintain s.uch <br />insurance i~ effect until such time as the requirement for such insurance terminates in accordance Wilh Borrower'~ and <br />[Jmdct's Wlltlen agreement or applicable Jaw, Borrower shali pay the amount of all m.ortgage insurance premiums In the <br />manncc prov,ded under paragraph 2 hel'eQf. <br />. Any amounts disbursed hy Lender pursuant to this paragraph 7. with mterest there-on, ::..hall bC(i)lllC additional <br />uldebtedneu of Botr~wer secured ~y t~ifi Deed of' Trust. Unless Borrov.:er and Lender agree to other terms of payment, sllch <br />Mll4.IDnts shall be pa)'able upon not.lce tn.>>n Lender to .Borrower reques.ung payment [hereof, ,1111.1 !!h~tll hear mtereM trnm tlw <br />date -of ditbuf'liiCRlel\t at the r3te paya.ble from lime to ,time (~n outstanding principal under the Note unless payment of Interest <br />at ~b. rate would be. Cl\f1tnry to applu;ablc law. In wh,leh event \U"h amounts ~hall hear mterest at the highest fatc <br />perm~ble under .ppttC'ahle law. Nothing contaiut'd III thlS paragraph 7 shaH reqwre Lemler to Uleur linY expenit."- or tak.e <br />any.a1Oft heceuudcr. <br />... I~ l...e.ndcr may make of,,'au.'IOC to he madt! re"-sonable entri~-s upon llnd ms.p("...~t1ons ot the Pro~){:rtY. pro\"ldt'd <br />dUll l~ ..U pc Dorrowe.r notice penH ({' ..my 1\.u~h H\S.P'C\:IH'n :":~t..:JfYHlg rea~;,)nahl(" caus.e thercior rd;ucJ 1\1 l ~!H.kr".., <br />mll"'.t !I, tile Pr..-tv< <br /> <br />83- 00165,-, <br />