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<br />~3-Q04365 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />,1. PayDlent 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 the principal of and interesl <br />on anyFulure Advances secured by this Deed of Trust. <br />2. FDDds for Taxes and IIISlIl'lIJlee. 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 are payable under Ihe Note, until the Note is paid in full, <br />a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessmenls which may attain priorilY 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 deposils 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, assessmenls, <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 />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 earninlfs 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 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 />assessmenls, insurance premiums and ground rents as they fall 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 Lender 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 Lender. If under paragraph 18 hereof the Property is sold or .he 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 sccured by this Dccd of Trust. <br />3. Applieatlon of Paymeots. Unless applicable law provides otherwIse. all payments received by Lender under the <br />NOle and paragraphs I and 2 hereof shall be applied by I.ender firsl in payment of amounts payable to Lender by Borrower <br />under paragraph 2 hereof, lhen to interest payable on the Note. then 10 the principal of the Note. and then 10 inlerest and <br />principal on any Future Advances. <br />4. Chal'lles; Uens, Borrower shall pay all taxes. assessments and other charges. fines and impositions atlributable to <br />the Property which may attain a priorily 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 paymeur. when due, directly <br />to the payee IhereoL Borrower shall promptly furnish to Lender all nOllces 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: prO\'ided. that Borrower shall not he <br />required to discharge any such lien so long as Borrower shall agree in writing to Ihe payment of the ohligation 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 10. <br />legal proceedings which operate to prevent the enforcement of the lien or forfciture of the Property or any part thereoL <br />S. Hazanllnsuraace, Borrower shall keep the Improvements now e"stlOg or hereafter erected on Ihe 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 I.ender shall no' require that the amount of <br />'lllch coverage ex.ceed that amount of coverage reqUired to pay the sums ~ccured by this Deed of TrusL <br />The insurance carrier providing the insurance shaH he chosen hy Borrower subJl:ct to approval by Lender: provided. <br />that such approval shall not be unreasonably wilhheld. All premiums on IOsurance policies shall be paid in the manner <br />provided under paragrapb 2 hereof or, if not paid in such manner. by Borrower making payment. when due, directly to Ihe <br />insurance carrier. <br />All msurance policies and renewals thereot shall he in form accep.able 1<' Lender and shall include a standard mongage <br />clause in favor of and in form ac""ptable to LendeL Lender ,haH have the right to hold the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all renewal nollce, and all receipts of paId premiums. In the event of loss. <br />Borrower shaH glve prompt notice to the insurance ~arner and Lender. Lender may make proof of loss If not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agft..'e in '^ nlmg. msuran~c procccds ~haH be applied to restoration or repair of <br />the Propeny damaged. provided such reslOration or rep~llr i.. c'-";~_\homKaHy teas.ble ..md the security ()f this Deed of Trust is <br />not thereby impaired. If such restorallon Of repatr j<.; o\)l eCOlh.Hllh.:aHy feaSible \..lr it the security of this Deed of TrtlSl would <br />be impaired, the insurance proceeds shall be applied to ihe SUIllS secufed by this Deed of Trust, WIth lhe excess. if any, paid <br />'0 Borrower. If Ihe Property is abanooned by Borrower, ,If if Bor",wer f"ils '" rcsjl<\Ild tll Lender within 30 days [rom the <br />date notice is mailed by Lender to Borro\A.'cr that the insurance (:arfler tJfler~ h) settle a datm for insuram:e benefits. Lender <br />is aUlhorized to collect and apply the insurance pnx'eeds al lender" option eIther to restoralion or repair of the Property <br />or '0 the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in wrIling. any su.:h applicallon 01 proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred 10 III paragraphs I and 2 hereof or change the amounl 01 <br />such installments. If under paragraph 18 hereof the Property IS aC<juICed by I.ender, all right, title and interest of Borrower <br />in and to any insurance policies and in and to Ihe pmc,,,,-ds thereof "",ultmg from damage 10 th" Property prior to the "lie <br />or acquisition shan pass to Lender to the exlent 01 the sums seeUled by this Deed of Trust immediately prior to such sale or <br />acquisition. <br />6. I're$ervadon....d MaluteAance of PropeFt).; l........boIds; Condominiums; Planned LJnit Developments. Borrower <br />..hall keep the Propeny in gooo repair and shaH not ;;.'ommit "a~lC \'r p~nnit impairment or deterioration of the Property <br />and shall comply with the provisions of any lease if tllis Deed of TrmllS on a leasehold. If this Deed of Trust is on a unit in a <br />condominium or a planned unit development, Borrower shall peliorm all of Borrower's obligatlOos under the dechrration <br />or covenanls creating or governing the condominium or planned unit development. the by-laws and regulations of the <br />condominium or planned unit development, and constituent documems. If a condominium or planned unit development <br />rider is executed by Borrower and recorded together with this lJeed of Trust, the covenants and agreements 01 such rider <br />shall be incorporated inlo and shall amend and supplement the cO\'enams and agreements of lhis Deed of Trust as if tile rider <br />were a pan hereol. <br />7. ProIedIon of Leader'. Security, If Borrower fails 10 perform the covenants and agreements conlained in this <br />Deed of Trust. or if any action or proceeding is comme"ced which materially affects Lender's interest in the Property, <br />includins. but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a <br />bankrupt or decedent, then Lender at Lender's option, upon notice to Bc>rrower, may make such appearances. disburse such <br />sums and take such action as is necessaf)' to protect L.:nder's interest. including, hut not limited tn, disbursement of <br />rell$OOllole attorney's fees and entry upon the Proper". to make repairs. If Lender required mortgage insurance as .1 <br />condition of matins the loan secured by this Deed of trust, Borrower shali pal the pn:miums required (() maintall1 ,,,,'h <br />lllsurance ,in efJ'e<:t until such time as the requirement for such inSUrafH:C termmates. in accordance With BOHuwef'~ ~Hl{.! <br />l.endet. .... '5 written agr. ee. .lUCI1t or applicable law. Borrower shall pay the amounl of all mortgage insurance premium, in the <br />mat:lOcr provided under plU1lBraph 2 hereof. <br />Any aIDOW\l$ di1bursed by L~nder pursuanl to this paragraph 7, wilh IIlterest Ihereon. shall l>ecc'me addilhllwt <br />indebtedness of Borrow~r secured hy Ihis Deed of Tru'l. Unless Borrower and I.ender agree 10 other Icrms ,,[ payment, such <br />a_ta ."!MII be Pltyable upon IlQtice from Lender to Borrower requesting payment there,'l, ..nd shall hear illler..t from lhe <br />dot""f cIitlI1u~nll\t the I'l1te payable fr,ltn time to time on outstanding principal undet the Note unless payment of interest <br />lit I:".lclt rille would be contrary to .l\pplicable law, in wllleh event .uch amollnt' shall bea, interest at the highest rate <br />por~ble under applicable law. Nothing conlained in thi. paragrapll 7 ,hal! require Lender to i""u, any expense or take <br />any aCUon~, <br />~ .,_"_ ,.e:ndt'!r rt\.i'ty nu~.k~ or.cau~ lo he ma~ re-a~~nable t'"!~tn~,-s. uf",Jn an~J inspections of ~he, Property. rnnid~d <br />tbat lAndiii' Borrowet nOl'ce prIor to allY ,tJCh ,"speellon .pe,'lfy,"!> rea"",.ble can$e therel<" rela!ed '" I <'IKle;', <br />,Ilter$ in otlIlftv. <br />