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$4 ---~ ru a 0918 <br />applicable law requires such interest to be paid, Lender shall not be required to Day Borrower any interest or earnings on the Funds. Lender shall <br />give [o Bortower, without charge, an annual accounting of the Funds showing credits anti debits to the Funds and the purpose for which pch <br />r debit to the Funds was made. The Funds aze pledged as additional security for the sums secured by this fked of Trust. <br />I [f the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of [axes, <br />assessments, insurance premiums and ground rents, shall exceed [he amount required to pay said taxes, assessments, insurance ptemiums~and <br />ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borcowtt or ttedited to Borcowtt on monthly <br />installments of Funds. If [he amount of the Funds held by Lender shall not be sufficient to pay tames, assessments,insurattce pretnittrroaod <br />ground rents as they fall due, eortower shall pay to Lender any amount necessary to make up the deficiency within 30 days from-the date notice - <br />ismailed 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 Borcowtt any Funds held-byLender. If <br />ondtt paragraph ! 8 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than imttteduWy <br />prior to the sale of the Property or its acquisition by Lender, any Funds held by Lendtt at the time of application as a credit againstthe sums <br />secured by this Deed of Trust. <br />3. Applkadon of Payments. Unless applicable law provides otherwise, all payments received by Lender under thrNoteand pangnphs'1 <br />and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borcower undtt paragraph 2 hereof, then to interest <br />payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. <br />4. Charges; Liees. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to thrProperty whicti.` <br />may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hertmf <br />or, if not paid in such manner, by Borrower making payment, when due, directty to the payee thereof. Borrower shall promptly foroish~to , <br />Lender all notices of amounts due under this pazagraph, and in the event Borrower shall make payment directly, Borrower shall: promptly <br />furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any ben which has priority over this Deed=ofTrtiet;-. <br />provided, that Borrower shall not be required to dischazge any such lien so long as Borrower shall agree in. writing to the.paytnmt-of-the-- <br />obtigation secured by such lien in a manner acceptable to Lender, or shalt in good faith contest such lien by, or defend enforcemrntof such-lien - <br />in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thtteof. <br />5. NaLrd leaonace. Borrower shall keep the improvements now existing or hereafter erected on the Property insuredagaitut.lossbyfue; <br />hazards included within the term "extended coverage", and such other hazards as Lender tray require and in such amounts and-forsttcti periods: <br />as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required-lo.--pay <br />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, that suchapprovd--. <br />shall not be unreasonably withheld. Aii premiums on incur cc polices sh I be paid i:, ti:e .manner provided under paragraph 2 hereof or, if not <br />paid in such manner, by Borrower making payment, when due, directly to the insurance cazrier. <br />All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favocof <br />and inform acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shag promptly furnish-to~ <br />Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier.arrd <br />Lender. Lender may make proof of loss if not made promptly by Borrower. - - <br />Utiless Lender anti Borrower otherwise agree in wilting, insurance proceeds shall be applied to ratontion ot. repast: of'the.-Property- <br />damaged, provided such restoration or repair is economically feasible and the security of thts~Deed of Trust.is not thereby impaired, If;sttt:lt. <br />restoration or repair is not ernnomicaily feasible or if the severity of this Deed of Trust would be impaired, the instrance proceeds shall'-b6 -- <br />applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. tf the Property is abandoned-by Burrower,; onif <br />Borrower fails to respond to Leader within 30 days from the dale notice is mailed by Lender to Bnttowtt that the insuntue carrier offen3o- <br />settle aclaim for insurance benctits, Leader is authorized to collect and apply the insurance proceeds at Lender's option eitlte[-to restoratiod"or- ,_ <br />repair of the Properiy or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such aDDiicaGon of proceeds to principalshatlaot ex[wd-or. postponfthedt[e> <br />date of the monthly installments referred to in paragraphs I aru12 he;eaf or change the amount of such installments. if under pangraph;lg <br />hereof the Property is acquired by Lender, alt right, title and interest of Borrower. in and to any imurana policies-and in and, to the proa~etl6.. <br />thereof resulting from damage to [he Property prior to the saleor acquisition shall pass to Lender to the extgntof thtsums accrued by this Dettd- <br />of Trust immedia[dy prior to such sale or acquisition. <br />6. Praervattoa aced Maiateaaace of PropMy; I.earYoWs; Coadodaiaos; PMusd Udt; Devdo/rs~Y. Borrower shall :keep the <br />Property in good repair and shell not commit waste or permit impairment or deterioration ofChe.Property and-shall-corttply with the:provisiona- <br />of-any Iwse if this Deed of Trust is on a leasehold. If this Decd of TCUStis on a unit ins condomitum or a pLnned uttit-development. Borrower <br />shall, perform all of Borrower's obligations udder the declaration or covenants etealing or governing the condominium or planted unit <br />development„ the by-taws and regula{ions of the condominium or plattned uttit development, artd coostitumt documents: It a condominium 4r <br />planned unit development rider Is executed by Borrower and recorded together with this Deed of Trust, the wvetumts and agreements of sttch <br />rider shall be incorporated into and shall amend and supplement the covenants aM agraments of this-Deed of Trust as if the ridtt were a part <br />tttteof. -. <br />7. Prolcedoa of lender's Security. If Borrower fait to perform the covenatts and agreements contained in this Decd of Trust, or if any <br />action or proceeding is commenced which materially afftcts Lender's interest in the Property, including, but not limited to, eminent domain, <br />insolvency, code enforcement, of arrangements tSf proceedings involving a bankrupt or decedent, then Lendtt at Lender's option, upon notice <br />to Borrower, may make such appoattlIICes, disburse such sums and taco such action as is necessary to protect Lender's interest, including. but <br />- not limited [o, disbursement of reasotabk attorney's feq and ertfry upon the Property [o make repairs. If Lender required mortgage insurance <br />as a condition of making the loan secured by this Deal of Truer, &rCrower shall pay the premiums reyuired to ttwir[tain such insurance to effect <br />until such-time as.ihe requirement for such insurance tsrmin4tes,tn,aceotdana with Borrower's and Lender's written_agre<tnent or applicable <br />- law. 8orrower.shall pay the.amountof all mortgage insurance premiums in the manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Leniier pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower <br />secured by this Decd of Trust, Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from <br />- Lender to~Borrowor requesting paymenuthtteof, and shali~bear,intttest ftom the. daft of disbursement at the rate payable from time to time on <br />outstanding principal ttndtt.the Notq unless, payment of intttost at such rau would be contrary to aPRlicable law, in which event such amounts <br />... shall tzar interrst at thahighest rate-pttmtasiblt.undtt applicable law. Notlting contained iq this paragraph 7 shalt require Lender to incur any <br />expectse or take any action hcroundar. <br />g, lypaeuaa• Lender may make ax :ease [o tx made reasonable anuses upon anti inspections of the Property, provided that Lender shall <br />gtwe Bprrawer notice, prior [o any susb inspection specifyingreasonabte cause therefor related to Lender's interest in the Property. <br />4, CoatleAaaaGOat Tttc.pcocgtds of au=v award or claim for damages, direct or canseque-ntial, in eonnecdon with any condemnation or <br />otlsgrtaking of:the:PropertY, or part thereof. ar for <vanvcyancc in lieu of cantlctnnation,nre htteoY assigned and shalt be paid to Lender. <br />Lathcovettiofatotal:takflgolihe_Pruperty,the,pros:eedsshallbeappliedtorhosumssauredbythisDeedofTrust,w~tt[heexcess.ifany, <br />paid-to-BUrfo[vcr. !n iheevont.of a partial taking of [tae Property, unless-Borrower and i.xndet otherwise egret in writing, [here shall be applied <br />.. ref the aura sscttrcd by this t.~xd of Trust such ptapc,rtion,o€ iho prttecods as is er;ual to that proportion whiEn the a[noum of slit sums secured <br />