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<br />83-u LJ 1 cl (,i ,~ <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />-1. Payment of Principal and Interest. Borrower shalt 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 />2. Funds for Tax... and Insurance. Subject to applicable law or to a w,itten waiver by Lender, Borrower sball 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 rcnts 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 bills and reasonable estimates thereof. <br />The Funds shall be held in an institution the deposits or accounts of which are jnsured 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, 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 />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 shall be paid to Borrower, and unless sllch 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 />shall 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 />by this Deed of Trust, <br />If the 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 />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 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 full of all sums secured by this Deed of Trust, Lender shall promptly rcfund to Borrower any Funds <br />held hy 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 immedtately 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 />Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payahle to Lender by Borrower <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 />event 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 stich Hen in. <br />legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. <br />5, Huanllnsurance, 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 lcoder 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 />such 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 paragrapb 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 />dause in favor of and in form acceptable to lender. Lcnder shall have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender aU renewal notices and all receipts of paid premiums. In the event of Joss, <br />Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if nOl made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agree in wrl~in.g, 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 Trllst 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 shall be applied to the 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 collect 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 />Un!ess 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 installments referred to in paragraphs I and 2 hereof or change the amount of <br />such installments, If under paragraph 18 hereof the Property is acquired by Lender, all 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 acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or <br />acquisition. <br />6, Preservalion and Maintenance of Properly; Leaseholds; Condominiums; Planned Unit Developmenls. Borrower <br />shall keep the Property in good repair and shall not commit waste or permit impairment or detcriofi.ltion of the Property <br />and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold, If this Deed of Trust is on a unit in a <br />condominium or a planned unit development. Borrower shall petform all of Borrower's obligations under the declaration <br />or covenants creating or governing the condominium or planned unit developmenl, the by-laws and regulations of the <br />condominium or planned unit development, and constituent documents. If a condominium or planned unit 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 supplement the covenants and agreements of this Deed of Trust as if the rider <br />were a part hereof, <br />7. Protection of Lender'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 materiaIJy 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 (0 Borrower, may make such appearances. disburse such <br />sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of <br />rease.D.able aUorn~y's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a <br />condlUon of maktng the loan secured by this Deed of Trust, Borrower shall 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 applicable law. Borrower shall pay the amount of all mortgage iilsurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall hecome additional <br />indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and lender agree to other terms of payment, such <br />amounts shal1 be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />date of disbursement at the rate payable from time to time on outstanding principal under the Note lInless payment of interest <br />at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate <br />permis$!ble under applicable law, Nothing contained in this paragraph 7 shall require lender to incur any expense or take <br />any action heroun~, <br />8. IIIIfeCtIoD.: Lender may make or cause to be made reasonable entries llpon and Insl>ectlOns of (he Property. pnwidci.l <br />that Lender shall give Borrower notice prior to any such inspection spt...~ifying reasonable cau~c therefor related 1('1 I_l'nder'~ <br />interat in tbe ProllertV, <br />