Laserfiche WebLink
<br />83-- 004217 <br /> <br />r <br /> <br />If BolTOwer pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are <br />insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution~.. Lender shall apply <br />the Punds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding <br />and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender <br />paysBOri'o\Verinterest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender <br />may agree in writing at the time of execution of this Deed of Trust that interest on the. Funds shall be paid to Borrower, <br />and unless such agreement is made or applicable .Iaw requires such interest to be paid, Lender shall not be required <br />to pay Bottower any interest oreamings on the Funds. Lender shall give to Borrower, without charge, an annual <br />act:ounting onhe Funds showing credits and debits to the Funds and the purpose for which eaeh debit to the Funds was <br />made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. <br />If the amount onhe Funds held by Lender, together with the future monthly installments of Funds payabIeprior to <br />the due dates oftaxes, assessments, insurance premiums.and ground rents, shall exceed the amount required to pay said <br />taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be; at Borrower's option; <br />either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the <br />Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall <br />due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender <br />may require. <br />Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any <br />Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by <br />Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any <br />Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. <br />3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under <br />the Note and paragraphs I and 2 hereof shall be applied by Lender tirst in payment of amounts payable to Lender by <br />Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. <br />4. Prior MortgIlCeS and 0eedI of Trust; Charges; LIens. Borrower shall perform all of Borrower's obligations <br />under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, <br />including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, <br />assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this <br />Deed of Trust, andJeasehold payments or ground rents, if any. <br />5. Hazard lDsonmce. Borrower shall keep the improvements now existing or hereafter erected on the P~perty <br />insured against loss by lire, hazards included within the term "extended coverage". and such other hazards as Lender <br />may require and in such amounts and for such periods as Lender may require. <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 insurance policies anG renewals thereof shall be in a form <br />acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lendcr. <br />Lender shall have the right to hold the policies and renewals thereof. subject to the terms of any mortgage, deed of trust <br />or other security agreement with a lien which has priority over this Deed of Trust. <br />In the event ofloss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />oflo,s ifnot made promptly by Borrower. <br />If the Property i5 abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date <br />notice is mailed by Lender to Borrower thaI the insurance carrier oilers 10 settle a claim for insurance benelits. Lender is <br />authorized to collect and apply the insurant.'e pto<.'CCds at Lender's option either to restoration or repair of the <br />Property or to the sums secured by this D",:d of Trust. <br />6. Pn.ervalion and Maintenance of Properl)'; Lea5eholdl; Condominiums; Planned Unit Developments. Bor- <br />rower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the <br />Property and shall L'OfUply with the provisions of any lease if this Deed of Trust is on a leasehold.lfthis Deed of Trust is <br />on a unit in a coodominium or a planned unit development, Borrower shall perform all of Borrower's obligations under <br />the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and <br />regulations of the condominium or planned unit development, and constituent documents. <br />7. Pro&ec:lioD of LeDder'. Sec:urlty. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust. or if any action or prOL'eeding is commenced which materially affects Lender's interest in the Property, <br />then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including <br />reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage <br />insurance as a condition of making tbe loan secured by this Deed of Trust, BolTOwer shall pay the premiums required to <br />maintain sl1~hitlsl1rll11celn'e~ until such time' as therequirermlnt for such insl1'l'ance terminates in accordance with <br />~rrower's and Lender's written agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall <br />become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to <br />other terms of payment. such amounts shall be payable upon notice from Lender to Borrower requesting payment <br />thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. <br />8. lupeetJon. Lender may make or cause to be made reasonable entries upon and inspections of the Property, <br />prQvided that Lender shall give BQrrower notice prior to any such inspection specil)-ing reasonable cause therefor <br />~ated to Lender's interest in the Property. <br />9. C~. The proceeds of any award or claim for damages, direct or consequential. in connection with <br />any <:l)n4e.n,t!1<\tion or other taking.of the. Property, or part thereof. or for conveyance in lieu of condemnation, are <br />hetebyassigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agree. <br />ment 'Vitbalienwhtch h~ priority over this Deed of Trust. <br />10. .~lWU. N<<!t. R~J F~cc B,l' LeoderNot a WlIIvu. Extension of the time for payment or <br />mQltjfqtiQoofamQl'tiution o(tlle sums ~red by this Deed of Trust granted by Lender to any successor in interest of <br />~WCl' s~1lI1 not operate to ~I~, io. any manner, the liability of the original Borrower and Borrowers succes>or, in <br />ittte~t'l.,e~er shall not be req\l.i:red tucOm.mcnce proccedingsagainst such SUt.'Ccssor or refuse to extend time for p"y. <br />fficut.or otllerwlse modify a.mortiza.tlonofthe sums secured by this.Dee(\ of Trust by reason of any demand made by lhe <br />, 89~alld~rrolller's sueCl:Ssor$ in interest. Any forbearance by Lenderin exercising any right or remcdy <br />,orot.be.rw1se atfurdedby applicable law, shall not be a waiver of or preclude the exercise of any such right or <br /> <br />~ <br /> <br /> <br />~RledY, <br />~.*:. ...~4.~ ~dl "t and S.veralLialbtlJtyl c.Hlpen. The <,<>venanl, and ;'grt:emcnh <br />~,~$n,U~iM,and the rights hereunder shal\inure ttlt the respective Suctt,,,)r, and assiglls of Lender and <br />&rrol"er, su.\'lJ<<t to the provW.:tns of paragraph 16lwroof.Alll'OVenants.and agreements of Bormwer ,hall be Joint ami <br />sevetal. AnS Borrower who co-signs this Oeed of Trust, but does not c.eeute the Nutl', (a) " (O."i~"lfl!( I hIS Deed "t lr<l.'l <br />Huh' k' ~r ~ht and l'on\'t'')' ~-h~,1 P ,1' "H'",'e-r.,~ jHH:n:-.~t IH th~ pt()perty h) Tru$ttz.c undt:r 111',.' h'~ '11'.. pI ! hi", {h:~-J (1f T I' U~(, !.bj t\ <br />