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<br />r <br /> <br />L <br /> <br />I <br /> <br />83- 002748 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />,1. Payment of Principal and Interest. Borrower shall 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 Ihe principal of and interest <br />on any Future Advances secured by this Deed of Trust. <br />2. Fuuds for Tues IIDd IJIlilJI1IDre. 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 inlerest are payable under the Note, until the Note is paid in fuJi, <br />a sum (herein "Punds") equal to one~tweJfth 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 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 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. 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 />pennits 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. 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 ihe 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 10 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 Lender. If under paragraph 18 hereof the Propeny 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 againstlhe sums sccured by this Deed of Trust. <br />3. Appllcalion of Paymeots. 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 payable to Lender by Borrower <br />under paragraph 2 hereof, then 10 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 alia in a priority over this Deed of Trust. and leasehold payments or ground rents, if any, in the <br />mauner provided under paragraph 2 hereof or, if not paid in such manner. by Borrower making payment, when due, directly <br />10 the payee thereof. Borrower shall promptly furnish to l.ender all notices of amounts due under Ihis 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 ovcr this Oced of Trust; provided, that Borrower shall not he <br />required to discharge auy such lien so long as Borrower shall agree in writing to the payment of the obligation secured by <br />such lien in a manner aeceplable 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 forfeilure of the Property or any part thereof. <br />S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by fire, hazards included within the term "extcndetl 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 amount of <br />!\uch coverage exceed that amount of coverage required to pay lhe sums secured by this Deed of Tmst. <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 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 in form acceplable to Lender and shall include a standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the rlght to hold the policies and renewals thereof, <br />and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, <br />Borrower shall give prompt notice to the insurance carner and Lender. Lender may make proof of loss if not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agn..'e in writing, 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 Trust 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 he applied to the sums secured by Ihis 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 10 Borrower that the insurance carrier offers to seUle 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 Propeny <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 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 hy Lender, all right, title and interest of Borrower <br />in and to any insurance policies and in and 10 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. Prese....lion and Malutenanre of Property; Leaseholds; Condominiums: PI.nned Uoit 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 Ihis 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 development, 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 supplemelll the covenants and agreements of this Deed of Trust as if Ihe ridcr <br />were a part hereof, <br />7. Protectloo of Lender'. Serurity, If Borrower fails to perform the covenants and agreemenls contained in this <br />Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's inlerest in Ihe Property. <br />including. but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving" <br />bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disbursc such <br />sums and take such action as is necessary to protect l.ender's interest, including, hut not limited to. disbursement of <br />reasonable attorney's f_ and entry upon the Property to make repairs. If Lender required mortgage insurance '" a <br />condition of making the loau 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 />Le~.'s. w.. .rit.1oII a..grecple....'. n.t or aP.,pIicable. law. Borrower shall pay the amount of all mortgage insurance premiums in the <br />m.nm:r j>rQVided under paraarap!i 2 hereof. <br />MY amounts dlilbutsed by Lender porsuant to this paragraph 7, with illterest thereon, shall become additional <br />iodel:tl~ of Borrower secured by Ihi. Deed of Trust Unless Borrower aod l.ender agree to other terms of paymcnl, such <br />amOl,lDlsJballbc payabl<l upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the <br />dale of ~t atlhe "'lepayl!ble from time 10 lime on outstanding principal under the Note unless payment of interest <br />at suclt tate Vffluld he colltrary to applicable law. in whIch event such amounts shall bear illleresl at the highest rate <br />pcrtrriMlhle under Jlpplicabltr law. Nothing contained in this paragraph 7 shall require under to illcur any expense or take <br />any aetiollhatellndet, <br />... I~ lAnder may malte or c._ to be made re.,(mabl. entries upon and mspecuom of the Property. provided <br />lhat~"_ aJve Borrower noti<< prior 10 aoy lu<:h inspectIon specifyioe rellSOn.hle cause therdor related to I.ender's <br />lat"rClft lethit~. <br />