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<br />84 - ii00'~40 <br />applicable law requires such interest to be paid, Lendtt shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall' <br />give to Borcowtt, 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.'T'he Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />If the amount of the Funds held by Lender, toguher with the future monthly installments of Funds payable prior to the due dates of taxes, <br />assessments, insurance premiums and ground rrnts, shall exceed the amount regvtred to pay said taxes, assessmrnts, insurance premiums and <br />ground rents as they fall dvr, such excess shall be, a[ Borcowu's option, eithu promptly repaid to Borrower or credited to Harrower on monthly <br />instatiments of Funds. if the amount of the Funds held by Lender shalt not be sufficient to pay taxes, assessments, insurance premiums and <br />grouttd rrnts as they fall due, Borrower shall pay to Lender any amount necessary to make up [hc deficirncy within 30 days from the date notice <br />is mailed by Lender to Borrower requesting payment thereof. <br />Upon payment in full of cell sums secured by this Deed of Trust, Lender shall promptly rofund to Borrowu any Funds held by Lender. If <br />under paragraph i$ hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately <br />prior to the sale 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 Derd of Trust. <br />J. Apgslipdoa of Payments. Unless applicable taw provides otherwise, all payments received by Lender under the Note and pazagnphs 1 <br />and 2 hueof shall be appBed by Lender first qn payment of amounts payable to Lender by Borrower under pazagraph 2 hereof, [hen to interest <br />payable on the Note, then to the pnncipai of the Note, and then to ineerest and principal on any Future Advances. <br />4. Chargtn; Liees. Borrower shall pay all [axes, assessments and ocher charges, fines and impositions attributable to the Property which <br />stay attain a priority aver this Deed of Trust, and leasehold payments or ground rents, if any, in the manner provided under pazagraph 2 hereof <br />or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furrdsh to <br />l.ertdu all notices of amounts due undo this pazagraph, and in the event Borrower shall make payment directly, Borrower shall promptly <br />furnish to Lender receipts a ~deneing such payments. Borrower shall promptly dscharge any Tien which has priority ova this Dad of Trust, <br />provided, that Borrower shall ^nt br required to discharge any such lien so Fong as Borrower shall agra in writing to the payment of the <br />obligation secured by such lien m a manner acceptable to Lender, or shalt in good faith contest such lien by, or defend enforcement of such Ben <br />in, legal proceedings which operate to prevent the enforcemrnt of the lien or forfeiture of the Property or any part thereof. <br />5. Nasud Imaraex. Borrowu shalt keep [he improvements now existing or hereafter erected on the Property instuai against loss by fire, <br />hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods <br />as Lender may require: provided, that Lrnder shall oat requirt that the amount of such coverage exceed that amount of coverage required to pay <br />the sums secured by this Cked of Trust. <br />The ituvranx carrier providing the insurance shall be chosen by Borrower subject to approval by Lender: provided, [hat such approval <br />shall nm be unreasonably withheld. Alt premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not <br />paid in such [Wanner, by Borrower making payment, when due, directly en the insurance carrier. <br />All gnsuran[x policies and renewals thereof shall br in form acceptable to Lender and shall include a standard mortgage clause m savor of <br />and is form acceptable [o Lender. Lender shall have ?he right to hold the policies sad renewals thereof, and Borrowu shall promptly furnish t0 <br />Lender aL' renewal notices and ail receipts of paid pranitmts. In the event of toss, Borrower shall give prompt notice to the insurance earritt and <br />Lender. Lrndu may make proof' of Eoss it not made promptly by Borrower. <br />Unless Lender and Burrower otherwise agree in writing, i.~tsurarix proceeds shag be applied to restoration or repair of the Property <br />damaged, provided such restoration or repair is econon»cally feasible and the security of this Deaf of Trust is nix thttehy unpaved. If such <br />restoration or repev is sot ecxrnomicaliy feasible or if the security of this Dad of Trust would be impaired, We insurance procads shall Ix <br />applied to the sums seared by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Bortowu, or if <br />Borrower fails to respond [n Lender within 30 days trom the date notice is mailed by Lrnder to Borrower that [he insurance carrier offers to <br />sntle a elaim for insurance benefits, Lendu is. authnriztd to cgBan and apply ibe insurance proceeds at Lender's option either to restoration or <br />repair of the Property or to the scans secured by this Ueed of Trust. <br />Unless Lendu and Borrower otherwise agra in writing, any such applcation of proceeds to Principal shalt not extend or postpone the due <br />date of the monthly instatiments referred to in paragraphs I and 2 hueaf or change the amount of such installments. if under paragraph 18 <br />hereof the Property is acquired by Lrnder, ail right, tide and interest of Borrower le and [o any insurance policies and in artd to the proceeds <br />thereof resulting from damage to the Property prior to the safe or acquisition sttali pass to Lrnder to the eaten[ of the sums secured by ibis Decd <br />of Trust immediately prior [o such sate or acquisition. <br />6. Pnaervatiw aced lslaf~teeaaax of Progeny; [.eaaeYolds; Coadomiaiattsa; Plnaed Ualt Usrelop~ea4. Borrowu shall leap the <br />Property qW good repair and shall oat commit waste or permit impairment or duerioration of the Proputy and shall comply with the provisions <br />of any least if this Deed of Ttttsi is on a leasehold. [f this Decd of Tzust is an a unit le a condominium or a pimnal unit development, Borrower <br />shalt puform cell of Borrowu's abligatioas uadu the declaration or covenants ucadng or govuntng the rnndominium or plumed unit <br />develogattmt, the by-taws amt regularians of the condominium or planned unit development, and constituent documents. If a condominium or <br />plaaaed unit developmrn[ ride is executed by Borrowu amt recorded toguher with this Deed of Trust, the covenants and agrtements of such <br />ridershag-ix incorporated into and shag amrnd and supplement. the covenants and agreements of ibis Deed of Trust as if the ride woe a part <br />hucof. <br />7, Protectba of [.eatlu'a Seauiry. if Borrower fails to perform the covenants and agreements containal in this Deed of Trust, or if any <br />action or gxacceding is commenixti which materially affects Lender's interexT in the Property, including, but not limited to, eminent domain, <br />insolvwcy, code enforcement, or azrangemenxs or procadings involving a bankrupt or decedent, then Lender at Lrnder's option, upon notice <br />to Borrowu, may make such appearances, disburse such sums and take such action ssts necessary to protett Lmdu's intuest, including, but <br />opt. Bnrited to, dgsbursement of reasonable attorney's fees and carry upon the Proputy to make repairs. if Lender required mortgage insurance <br />- - as a wnditio[t of rttakitig the loaa secitral by this €)ad of Trust, Borrowu shall pay the Premiums required to maintain such iwuraace in effect <br />until such amt as the rrgt[irement For such insurance laminates in accordance with Borrowei s and Lender's written agramrnt or applipble <br />_ law. Horrnwrr shall pay the amoum of ail mortgage insurance premiums in rite manner provided undo pazagraph 2 hereof. <br />Any.amavms disbursed by Lander pursuant tta this paragraph 7, with intuest ihtteon, shall becrotne additional ipd<btednas of Borrowu <br />sepVusd by-this Da•xi of Trust. t inks Borrower attd f,todu agree to otbu terms of payment, sneh amounts snail be payable upon Hoax from <br />- [xndc{ w Borrower rrquesting.payment ihurof, anti shard brat intuest from the date of disbursement at the rate payable from time to time on <br />- ot4ipri>fictingt prineip~!_:uattu fhr Note nrtteas paY?nent of interest at such cart wauM be coutrary to applicable law, in which event such amounts <br />s5at1 btu intert~iat fhr hiq{hest raft permissible undo applicable taw. Notbgag contained in this paragraph 7 shall require Lender to incur nay <br />gcpErisr or takeanyacifbn izuaiudu. <br />' i. taga~tlaw,l:erttler PzaY trtaitc or t~usc to t=t tizade rpsonabk rntrirs upon and inspections of the Proi?criY> Provided chat Lender shah <br />glut it[xruwu aout~pxygq to say suctginspeeHoa:sperilyitt` reasowbkeavse therefor related w Lrndu's interest in the Proputy, <br />- ~.. <:oad++a,. The proceata of say award or claita for ilanutgrs, dira7 or canscquential, in +:onivxtion whit anY condemnation or <br />cxhtr taking ci tbe,Propdrty, r±r part thrregf, or fEx'GOnveyatKe in-ilea of enndrmnation, err huebY assgWt¢d and shag be paid to Lrnder. <br />- - Tn the <vena ref a tr#ta4 taairig gf the Prsip€tt~y, f!te prods ,dtatt trap~ied to th. s ms sek-nr~ by ttia Ozzs# of Trasi, w{ih W9e ext~+s. if auY, <br />pavq-'6f? Bstrtowsv-. In slat rvena cif a partial iaksgq$ of-the Progtrxy, untess:tiorross-eaand Lrndu zn.huwisr agar in w*riting., there shall br applied <br />us [Pre ttaias'st?turrxt by tilts lftsxl of 7ru3t sut~.b prcputxion cxf iiu Prt?rtrds as is rgnaF tp [hat ptopnrtiun which fhr attmztrit <af fhr soots sa-ural <br />