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<br />84 ~fU1029 <br />ZJrttFOan~ CoveNeNrs. Borrower and Lender covenam and agree as follows: <br />1. Payment of Principal and Interest. Burrower shall promptly pay when due the principal of and interest nn the <br />mdebtedncss evidenced by the No[e, prepayment and hue charges as provided in the Note. and the principal of and interest <br />on any FuWre Advances secured by this Deed of Trust. <br />2. Fonds for Taxes and Insurance. 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 arc payable under the Notc, until the Note is paid in full. <br />a sum (herein "Funds") equal in 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 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. 1_ender 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 mtercs[ on the Funds and applicabl6'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 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 />shall give to Borrower, without charge, a^ annual accounting of the Funds showing credits and debits to the Ftinds-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 tall due, such excess shall he, 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 [.ender 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 refund to Borrower any Funds <br />held by 1_ender. If under paragraph 13 hereof the Property is sold or the 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 />J. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the <br />Note and paragraphs I and 2 hereof shall he applied by Lcndcr first in payment of amounts payable 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. Cbat~es; Liens. Borrower shall pay all lases. 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 [o 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 shalt not be <br />required to discharge any such lien so Tong 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 coolest 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 Insuraace. 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 amoum 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 chosen by Borrower subject to approval by Lender; provided. <br />that such approval shalt 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 m form acceptable to Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have [hc right to holJ the policies and renewals thereof, <br />and Borrower shall promptly furnish to Lender :dl renewal notices and all receipts of pail premiums. In the event of loss, <br />Borrower shall give prompt notice to the insurance carrier anJ Lender. Lender may make proof of Toss if no[ made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall 6e applied to restoration or repair of <br />the Property damaged, provided such restoration or repair is eamomrcnliy feasible and the security oC this DeeJ of Trust is- <br />not thereby impaired. If such restoration or repair is not economically feasible or it the security of this Deed of Trust would <br />be impaired, the insurance proceeds shalt 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 Borrower, or if Borrower fails to respond to Lender within 30 days from the <br />date notice is mailed by Lender to Borrow^er 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 />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds [o principal shall not extend <br />or postpone [he due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of <br />such installments. If under paragraph 18 hereof the Properq~ 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. Preservatlon aad Malalenance of Property; Leaseholds; Condominiums; Plantted 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 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 creating or governing the condominium or planned unit development, the by-laws and regulations of the <br />condominium or planned unit development, and constituent documents. I[ 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 inwrporated 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 />'f. ProteMloa Of Lenderfi Security. If Borrower fails to perform the covenants and agreements con'ained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially a0ects Lender's interest i^ .he 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 $orrower, may make such appearances, disburse such <br />sums and take such action as is necessary to protect Lenders interest, including, but not limited to, disbursement of <br />reasonable attorney's fees and entry upon the Property to make repairs. If Lender reyuired mortgage insurance as a <br />condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such <br />iruurana in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and <br />Lender's written agreement or appltcabte law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />magnet provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 1, with interest thereon, shall beanne additional <br />ittdebiednest 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 the <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 rate <br />parmiapbk under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take <br />any action hereunder, <br />g. Ity~eetba. Lender may make or cause to be made reasonable entries up<an and inspections at the Property, provided <br />that lender shall give Borrower notice prior to auy such inspec;uon specifying reasonable ca tae therefor rotated to Lender's <br />interest in the Properiv. <br />