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<br />83- 004470 <br /> <br />If Borrower 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 Fede:al or state agency lincludingLender if Lender is such an institution). Lender shall apply <br />the Funds 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 />pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. ~rrower'andLender <br />may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to B<lrt'OWet', <br />and unless such agreement is made or applicable law requires such interest to be paid. Lender shall not be required <br />to pay Bori'ower atly interest or earnings on the Funds. Lender shall give to Borrower; without charge, an annual <br />accounting of the Funds showing credits and debits to tbe Funds and the purpose for whicll each debit to the Funds was .. <br />made. The f:'llnds are pledged as additional security for the sums secured by fJ1is.Deed of Trust. <br />Ifthe amount of the Funds held by Lender, together with the future monthly installments of Funds payable ppor'to <br />the due dates of taxes, 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 gtoundtents 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. AppIIcadon of Payments, Unless applicable law provides otherv.;se. all payments received by lender under <br />the Note and paragraphs 1 and 2 hereof shall be applied by Lender first 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 Monppe aDd 0eedI of Trill!; Charpa; u.s. 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. and leasehold payments or ground rents. if any. <br />S. Huard ~. Borrower shall keep the improvements now existing or hereafter erected on the Property <br />insured against loss by fire, 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 lender. <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 of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />ofloss if not made promptly by Borrower. <br />If the Property is 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 that the insurance carner oilers to settle a claim for insurance benetits. Lender is <br />authorized to collect and apply the insurance proceeds at Lender's option either to restoration Or repair of the <br />Property or to the sums secured by this Deed of Trust. <br />6. '-vatioll ..d Maia-.- of Property; Leueholda; Condominiuma; Planned Unit Developments. Bor. <br />rower shall keep the Property in good repair and shallnOl commit ".aste or permit impairment or deterioration of the <br />Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is <br />on a unit in a condominium or a planned unit development. Borrower shall pertorm 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, ~ of LeD.', Seeurla,. If Borrower fails to perform the covenants and agreements contained in this <br />Deed of Trust. or if any action or proceeding is commenced which materially alfects 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 the loan secured by this Oeed of Trust. Borrower shall pay the premiums required to <br />maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with <br />Borrower's and Lender's "Titten agreement or applicable law. <br />Any amounts disbursed by Lender pursuant to this paragraph " with interest thereon, at the Note rate. shall <br />become additional indebtedn~ 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 p yment <br />thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense Or take any action hereunder. <br />8. IMfIeedoll. Lender may make or cause to be made reasonable entries upon and inspections of the Property. <br />provided that Lender shall give Borrower notice prior to any such inspection specitying reasonable cause therefor <br />related to Lender:s interest in the Property. <br />9. C~...-, The proceeds of any award or claim for damages. direct or co~equential. in connection with <br />any. condemnation or other taking of the Property. or part thereof. or for conveyance in lieu of condemnation. are <br />hereby assigned and shall be paid to Lender. subject to the terms of any mortgage. deed of trust or other security agree- <br />ment with a lien which has priority over this Deed of Trust. <br />to. ~.... Netll......l F~ce 8)' Leader Not a W.her. Extension of the time for payment or <br />mllCiillcation of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of <br />~shall,,1\Ot operaleto release, in any manner, the liability of the original Borrower and Borrower's successors in <br />ilt~, i.!lllder $ball not be required to COmmence proceedin~against sUl.'h SUC(,'CSSOr or refuse to extend time for p,,-v- <br />IDlIt\t or,Qt~IMdlf)' amortiuiiuu of the sum!> secured by this Deed of Trust by reasQn of any demand made by the <br />oriJl~~F ,me! 89rrower'ssl1l:cessors in interest. Any forbearance by lend.er in exef\;ising any right or remedy <br />n..~, orotbe~.ffor4cd byapplicaQle law. shaH nut bea waiver of or preclude the exercise of any ~\Ich right or <br />~... <br />th S.C."h ......~ ~I "'t.."S.v~ILiabilla,1 Co-slane.,.. The ,,"cnaIHS anJ agr~etl1ei\ts <br />~eorll..i1\1t4 sbJjq>>nd. atId the rights hef!lUpder shllll inure tQ. the re.sp<:ct.ive successors and assIgns ," Lend.'. and <br />~er. subj<<t to th4 provisi,ms of panlj!raph 1 t\ hereof. All <O'CII"OI, and agrccmelll' 0' Borr(,wer ,b"lI be J,""t and <br />..everal. Any Borrower whQ eo,sllIns !his Deed "fTru,!' hu! doe, "<>1 i:XeCUle .he Nore. li,ll' ':<'.'Ignin!,: Ih" Deed 01 Tru,r <br />only 1<> grant and cOl'lwy that I:lot'tower', U111:re,( '" the ""'pt,,..,, I,) TrusH,e \I!Ilkr Ihe !t'rnh or thi, l""cd ,)1 Trml, ib) is <br />