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<br />I <br /> <br />83_ 004573 <br /> <br />'"' <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 the principal of and interest <br />on any Future Advances secured by this Deed of Trust. <br />2. Funds 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 are payable under the Note, until the Note is paid in full. <br />a sum -(herein "Funds") equal to onc-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 prCmi1.1m installments for hazard insurance. <br />plus one-twelfth of yeady premium installments for mortgage insurance, if any, all as reasonably estimated initiaUy and from <br />time to time by Lender on the basis of assessments and bills and reasonable estir,late.:; 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 />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 intcrest or earnings on the Funds. Lender <br />shall give to Borrower, without charge. an aDnllal 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, lOgether 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 monrhly 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 hy 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 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 />3. Application of Payments. Unless applicable law provides othef\vlse. all payments received by lender under the <br />Note and paragraphs. 1 and 2 hereof shall be applied by Lender 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. Charges; Liens. Borrower shall pay all taxes. assessments and other charges. fines and irnposilions attributable 10 <br />the Property which may attain a priority over !his Deed of Trust. and leasehold payments or ground rents, if any, in the <br />manner provided under paragraph 2 hereof or, jf not paid in such manner. by Borrower making payment, when due. directly <br />to the payee thereof. Borrower shaH promptly furnish to Lender all notices of amounts due under this paragraph, ~lnd 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 Born.1\,,'cr shall not be <br />required to discharge any such lien so long as Borrower shaH 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 conI est such lien by, Dr defend enforcement of sllch hcn in. <br />legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thcreof. <br />5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured <br />against loss by tire, hazards included within the term "extended covcragc", and such other hazards as Lcndcr 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 />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 be chosen hy Borrower subject to approv~d by Lender: provided. <br />that such approval shall not be unreasonably withheld. All premiums on insurance policies shall he 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 acceptable to Lender and shall include a standard morlgage <br />clause in favor of and in form acceptable to Lender. Lender shall have the right to hoill the policies and renewals thereof. <br />and Borrower shall promptly furnish to Lender all renewal notices and 3.lJ receipts of paiJ premiums. In the event of Joss, <br />Borrower shall give prompt notice to the insurance Larrier and Lender. Lender may make proof of loss if not m~de promptly <br />by Borrower. <br />Unless lender and Borrower otherwise agree in writing. insurance proceeds shall be applied to restoration or repair of <br />the ProperlY damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust j... <br />not thereby impaired. If such restoration or repair is not enmomically feaSible llr if the ~ccllrity of this Deed of Trust would <br />be impaired. the insurance proceeds shall be applied to {he sums secured by this Deed ()f Trust, with the excess. if any, paid <br />to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond 10 Lender within 30 days from the <br />date notice is mailed by Lender to Borrower that the insur.ancc carrier olTers 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, :lOy such application of proceeds to principal shall not extend <br />or postpone the due date of the monthly installments referred to in p..tragraphs I and 2 hereof or change the amount 01 <br />~uch installments. ]f under paragraph It{ hereof the Property is acquired by Lender, all right. title and interest of Borrower <br />10 and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the salc <br />or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to ~uch sale or <br />acquisition. <br />6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower <br />shall keep the Property in good repair and shall not comma waste or permit impairmcnt or dctcrioration 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. Borrowcr shall perform all of Borrowers obligations under the declaration <br />or covenants creating or governing the condominium or planned unil development, the by-I:\ws amI 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 supplement the covenants and agreements of this Deed of Trust as if the rider <br />were a part hereof. <br />7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this <br />~eed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property. <br />lOc1uding, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving <l <br />bankrupt or decedent. then Lender at Lender's option, upon notice to Borrower, may make such appearances. disburse such <br />sums and take such action as is necessary to protect Lender's interest, including. but not limited to. disbursement of <br />reaso.o.able attorney's fees and entry upon the Property to. make repairs. If ~enJcr required mortgage insurance as a <br />condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain stich <br />insu.ran~_ in effect until such ttme, as the requirement for such insurance terminates in accordance with Borrower's ;1l1d <br />Lender's written agreeme~t or applicabl~ Jaw. Borrower shall pay the ,.I01ount of <iil mortgage insurance premiums in the <br />manner provided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant to this paragraph 7. with inferest thereon, shall become additional <br />indebtedness 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 su7h. f;lte would be contrary to applicable law, in which event s1.lch amounts shall bear interesl <It the highest rate <br />per~tss~ble.-uIl.ger applicable law. Nothing contained in this paragraph 7 shall require Lender to incur .lny expense or take <br />any actlon hereunder. <br />8. Inspection. Lender may make or caus.e to be made reasonable entries upon and inspections of the Property. pr'. "ided <br />~hat Len.der shall, give Borrower notice prior to any such inspection specifying reasonable cause therefor related 10 Lender's <br />IOterest In the Proncrtv. <br />