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<br />83-401 '?t; <br /> <br />UNJPORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />_t. Payment of Principal and tnterest, Borrower shall promptly pay when due the principal of and inlerest 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 />2, Funds for T811es and tnsuranee, 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 one-twelfth of the yearly taxes and assessments which 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. all as reasonably estimated initially and from <br />time to time by Lender on the basis of assessments and biBs 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). Lende, 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 law <br />pennits 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 shall be paid to Borrower, and unless such agreement is made or applicable law <br />requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender <br />shaH give to Borrower, without charge, an annual accounting of the Funds showing 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 />hy this Deed of Trust, <br />If the amount of the Funds held by Lender, together with the future monthly installments of Funds payahle 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 />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds, If the amount of the Funds <br />held by Lender shall not be sufficient to pay taxes, assessments. insurance premiums and ground rents as they fa1l 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 full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds <br />held by Lender, If under paragraph 18 hereof the Property is sold or thc 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 law provides otherwise, all payments received by Lender under the <br />Nole and paragraphs I and 2 hereof shall be applied by Lende, first in payment of amounts payable to Lender by Bo,rower <br />under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and <br />principal on any Future Advances, <br />4. Charges; Liens. Borrower shall pay all taxes. assessments and other charges. fines and impositions attributable to <br />the Property 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 paid 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 />eveut Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments, <br />Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower shall not be <br />required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by <br />such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, <br />lega[ proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />5, Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require <br />and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of <br />!;uch coverage exceed that amount of coverage required to pay 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, <br />that such approval shall not be unreasonably withheld, All premiums on insurance policies shall be paid in the manner <br />provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the <br />insurance carrier, <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all ,enewal notices and all receipts of paid premiums, In the event of loss, <br />Borrower shall give prompt notic~ to the insurance carrier and Lender, Lender may make proof of loss if not made promptly <br />by Borrower, <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of <br />the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is <br />not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would <br />be impaired, the insurance proceeds shaU be applied to tbe sums secured hy this Deed of Trust, with the excess, if any, paid <br />to Borrower, If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the <br />date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender <br />is authorized to coUect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property <br />or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly instaUments referred to in paragraphs I and 2 hereof or change the amount of <br />such instaUments, If under paragraph 18 hereof the Property is acquired by Lender, aU right, title and interest of Borrower <br />in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale <br />or ac,q~!sition shaU pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale 0' <br />acqUISItion. <br />6. Preservation and Maintenauee of Property; Leaseholds; CondoUliniums; Planned Unit Developments. Borrower <br />shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property <br />and shall comply with the provisions of any lease if this Deed of Trust is on a leaseho[d, If this Deed of Trust is on a unit in a <br />condominium or a planned unit development, Borrower shaU pet:form all of Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned unit development, the by-laws and regula.1.ions of the <br />condominium or planned unit development, and constituent documents. If a condominium or planned unit Wevelopment <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 supplement the covenants and agreements of this Deed of Trust as if the rider <br />were a part hereof, <br />7. Protection of Leuder's Security, If Borrower fails to perform the covenants and agreements contained in this <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 enforcement, or arrangements or proceedings involving a <br />bankrupt or decedent. then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such <br />sums and take such action as is necessary to protect Lender"s interest, including. but nol limited to, disbursement of <br />reasonable attorney's fees and entry upon the Properly to make repairs, If Lender required mortgage insurance as a <br />condition of making the loan secured by this Deed of Trust, Borrower shaH pay the premiums required to maintain such <br />insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and <br />Lender's written agreement or applicahle law, Borrower shall pay the amount of all mortgage insurance premiums in the <br />manner provided under paragraph 2 bereof, <br />Any amounts disbursed hy Lender pursuant to this paragraph 7, with interest thereon, shall become additional <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from lhe <br />. date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest <br />at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest 'ate <br />permiss!ble under applicable law, Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder, <br />8.. IDIpedIoa. Lender may make or cause to be made reasonable entries upon and inspections of the Property. provided <br />that Lender- shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related 10 Lcndcr'1> <br />interest in the ProDertV, <br />