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<br />~~'..... t~~10983 <br />Uv!roa n+ Covt,;vxNV S. Borrower :md Lender covenant and agree as follows: <br />I. Payment of Principal mad Intrrest. Borrower shall promptly pay when due the pnnripal of and interea on the <br />uwchtednes evidenced by the Nole. prepayment and la!e charges as provided m the Note, and the princip:d n( and interest <br />tin any Future AJ~anees secured by this Ueed of 1 raise. <br />2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay <br />to Lender nn the d;~p monthly installments n( princip:J .+nd interest arc payahle under the Note, until the Notc is paid in h!B, <br />a sum Ihercin "Fundti'1 equal to one-twelfth of the yearly taxes and assessments which may' attain priority over [his <br />Ueed o(Trust, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance. <br />pins one-twelfth of yearly premium installments far mortgage insurance, if any. all as reasonably estimated initially and from <br />time a+ 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 />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. f-.ender may not charge far 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 tender 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 he paid, Lender shall not be reywred to pay Borrower any interest ar earnings on the Funds. Lender <br />shall give to Rarrower, without charge, :m annual accounting of the Funds showing credits sort 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 />h} this Decd of Tnist. <br />If the amount of the Funds held by Lender, tagcthcr with the future monthly installments of Funds payable prior to <br />the due dates of taxes. assessments, insurance premiums and ground rents, shall escced the amount required to pay said taxes. <br />:+ssessments, 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 sulticient 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 (till a( all sums secured h}• th+s Deed o[ Trust, Lender shall promptly refund to Borrower any Funds <br />held by Lender If under paragraph I8 hereof the Property is sold or the Property !s otherwise acquired by Lender, Lender <br />shall apply, no later than immediately prior w the sale of the Praperty 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 Dced of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the <br />Note and paragraphs 1 and 2 hereof shall he applied by I_endcr first in paymem of amounts payable to Lender 6y Borrower <br />under paragraph 2 hereof, then [o 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 th!s Deed oC 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, dirccdy <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 I-ender receipts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority over this Decd of Tn!sr, provided, that Borrower shall not be <br />required to discharge any such lien so long as Bon~ower 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 />legal 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 nou• 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 1_ender may require <br />and in such amounts and for such periods as Lender miry reyuire; 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 he chcnen 6y 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, direcNy to-the <br />insurance carrier. - <br />All insurance policies and renewals thereof shall be in form acceptable w tender and shall include a standard tnodgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals tht5reof;. <br />and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In [he event. of loss; <br />Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made.pcomptly <br />by Borrower. - - - <br />Unless Lender and Burrower otherwise agree in ti rising, insurance proceeds shall 6e applied to restoration-or repairof- <br />the Property damaged, provided such reswratian or repair is economically feasible and the security o[ this Deed of-Tritsf-is <br />not thereby tmpaued, if such resturaton sir repair is ram economically feasible or if the security of this Deed df Trust syou!d' <br />be impaired, the insarauce proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any,-paid-- <br />to Borrower. If the Property is abandoned by Harrower, or if Harrower fails to respond to Lender within 70 days from: the <br />date notice is mailed by Lender to Borrower that the insurance carrier ofTers to settle a claim for insurance benefits. Lender <br />is authorized to collect and apply the insurance proceeds at Lender's option either to resroration 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 manthly installments referred to in paragraphs I and 2 hereof or change- the -Amount_ot - <br />such installments. If under paragraph I N hereof the Proper[}' is acquired by Lender, all right, title and interest of Borrower <br />in and [o 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 oC the sums secured by this Deed of Trust immediately prior to such sale or <br />acquisition. <br />6. Preservatlon and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower <br />shall keep the Property in good repair and shall not commit waste or pennu impairment ar dclerioration of the Property <br />and shall comply with the provisions of any (ease 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 perform all of Borrower's obligations under the declaration <br />or covenants creative or governing the condominium or planned unit development, the by-laws and regulations-aflhe <br />condominium or planned unit development, and constituent documents. If a condominium or planned time 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 [he rider <br />were a part hereof. <br />7. Protection of Lender's Security. If Borrower fads to perform the covenants and agreements contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially atTects Lender's interest in the Property, <br />including, but not limited to, eminent domain, msotveucy, 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 not limited lo, disbursement of <br />reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a <br />condition of making the loan secured 6y this Deed of Trust, Borrower shall pap the premiums required to maintain such <br />insurance in eRect until such dine as the requiremeni for such insurance termumtes m accordance with Borrower's and <br />Lender's written agreement or applicable law. Borrower shalt pay the amount of all mortgage insurance premiums in the <br />manner provided undtr paragraph 2 hereof. <br />Any amounts disbursed by 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 (arms of payment, such <br />amounts shall be payable upon notice From I-ender to Borrower requesting paymem thereof, and shall bear urierest f rom the <br />data of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of imerest <br />at such rata would be contrary to applicable law, in which event such amounts sh.tR bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shall reyuire Lender to incur any expense or take <br />stay action fiereundtr. <br />S. iwpectiun. Lender may make ar muse to be made reasonable entries ++pr>n rand inspectirms of the Property, provided <br />That l.cnder shall give Hoxrywer aotite prior to any such inspec-tiara specifycng reasanuhlc cause th+:rcfor related to Lender's <br />anteresi in ahc PrancrlK <br />