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<br />I" <br /> <br />83--n05209 <br /> <br />... <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br /> <br />.1. Payment of Prlndpal 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. Fnnds for Tax... and InsuraJree. Subject to applicable law or to a written waiver by Lender, Borrower.haU. pay <br />to Lender on the day monthly installments of principal and interest arc payable under the Note, until the Note is paid in full. <br />a .sum (herein "Funds") equal to one-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 premium installments for hazard insutanee, <br />plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initiany and from <br />time-to time by Lender on the basis of assessments and bills and reasonable estimates thereof. <br />The Fund~ shaH be held in an institution the deposits or accounts of which are insured or guaranteed by.a Fed~ral_or <br />state_agency (including Lender jf Lender is such an institution). Lender shall apply the Funds to pay said taxes; assess":lents, <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 />shan 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 tbis Deed of Trust. <br />It 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 />assessments, insurance premiums and ground rents as they fall due, sllch excess shaH be, at Borrower's option. either <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount bf 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 aU sums secured by this Deed of Trusr. 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 ProperlY 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 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 to interest payable on the Note, Ihen to the principal of the Notc, and then to interest and <br />principal on any Future Advances. <br />4. Charges; Liens. Borrower shaH pay all taxes. assessments and other charges. fines and impositions attributable to <br />the Property which may attain a priority 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 payment, when due, directly <br />to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph. and in the <br />event Borrower shall make payment direcUy, 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 Borrower shall not he <br />required to discharge any such Hen so long as Borrower shall 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 conlest sllch lien by, or defend enforcement of such lien in. <br />legalf.roceed.ings which operate to prevent the enforcement of the lien or iorteiture of the Property or any part t.hereof. <br />. Hu:ard IIISW'aIICe. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured <br />against loss by fire. hazards included within the term "extended coverage", and such other hazards as Lcnder may require <br />and in such amounts and for such periods as Lender may requjre~ provided, that Lender shall not require that the amount of <br />~uch 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 by Borrower subject to approval by Lender; provided. <br />that such approval shall not be unreasonably withheld. All premiums on insur;mcc 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 />An insurance policies and renewals thereof shall be III form acceptable to Lender and shall include a standard mortgage <br />clause in favor at and in form acceptable to Lender. Lender s.hall have the right to hold the policies and renewals thereof. <br />and Borrower sball promptly furnish to Lender ail renewal notices and all receipts of paid premiums_ In the event of loss, <br />Borrower shall give prompt notice to the insurance carrier and Lender. Lender ma.y make proof of loss if not made promptly <br />by Borrower, <br />Unless Lender and Borrower otherwise agree in \",'riting. insurani.:C proceeds shall be applied to restoration or repair of <br />the Property damaged, provided such restoration Of 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 Of if the security of this Deed of Trust would <br />be impaired, the insurance proceeds shall be applied to the sums secured by this 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 to Borrower that the insurance carrier offers to settle a claim for insurance benetils, 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 se<:ured by this Deed of Trust. <br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shaH not extend <br />or poslpone the due date of the monthfy installments referred to ill paragraphs I and 2 hereof or change the amount 01 <br />such installments. Jf under paragraph I ~ hereof the Properly is acquired by Lender, all right, title and interest of Borrower <br />in and to any insurance policies and in and to 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 />(\. Preservadon lIJId Malatenam:e of Property; Leaseholds; Condominloms; Planned Unit Development.. Borrower <br />shall keep the Property in good repair and shall not commit waste or permit impairmenl or deterioration of the Property <br />and shall comply with the prOVisions of any lease jf 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, Borrower shall pedorm 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 constitucnt documents. If a condominium or planned unit dcvelopm~ot <br />rider is executed by Borrower and recorded together wi!h this Deed of Trust, the covenants and agreement.s of slIch rider <br />shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trus.t as if the rider <br />were a part hereof. <br />1. Pn:.ledion of l.eDder'. Security, If Borrower fails to perform the covenants and agreements contained in thi;:; <br />Deed of Trust~ or if any action or proceeding is commenced which materially affects Lender's interest in the Property, <br />including, but uot limited to, emineot domain. insolvency, code enfor~ment, or arrangements. or proceedings involving a <br />bankrupt or decedent. then Lender at Lender's option, upon nmice lO Borrower, may make such ap~aranccs. disburse such <br />sums and take such action as is necessary to protect Lender's interest, indudmg. hUl not limited to, disbursement of <br />reasonable attorney's fees and entry upon tbe Property to make repairs. If Lt:nder required mOflgage ins.urancl: a:-. ;1 <br />condition_of making the loan secured by lhis Deed of Trust. Borrower shall pay the ptemiuHls required to maintain sUl.:h <br />haurance in effect until --such dme as the requirement for such insurance terminates in accordance with Borrower's and <br />l.;.endc(s wri~n a~t or applicable law. Borrower shall pay the amount of all mortgage insurance premiumll in the <br />mannct prov,ded un4er paragraph 2 hereof. <br />An-y amounts d~bUned-, bi' Lender pursuant to thi$ paragraph 7, with interest I h.ett.'o-n , ~hail hel;omc additional <br />indebtednes:! of BotroWcf .liecured by tbis Oec:d of Trust. Unless Borrower and I .ender agree to other terllls of payment, \llch <br />iU)lQUntl- shaU be pay.ble upo-n no-tlce from Lender to Borrower rcquC$ting payment thereof. and s.halt hear interest f WOl {he <br />\ule of diI~nllU the "te payable_ from thne to _time on outs.tanding principal under the NOfe llnle-s:!j payment of in(erc-.st <br />-,"- Ntb rm woufd be_ contrary 1-U applicable law. in whkh event ~u<:h amOUfns :;haU ~ar interest at (he hlghest ntlc <br />~b1e-"nde-r apptkJlWt law. Nothing conbined in this paragraph 1 shaH require Lender h) irx'ur any e,\.pense or take <br />any ""tWn hi!r~. <br />Is ~ l..e:ndu may make Of C.tU,~ tQ N" made r-ea!itonab1e entrie~ up.nll .Hll.f IOS.pc-Ct!O-llS of the Pn:.~pcrty, pnJ\ ide...! <br />(bit :L..cnder ~ 1.Nc, JQt-rowe-r notice ptior to ~ny ';.u\:-o in3ipct:li!)l) tipedfying reaM_H1ahle cause thcrd,)f relafed to 1 end~(" <br />llltt_ i.. !.be .J'r<>Ifeln>. <br />