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<br />831')05428 <br /> <br />UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: <br />J. 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 'he princIpal of and interest <br />on any Future Advance!; secured by this Deed of Trust. <br />2.. Fands for Taxes and Insurance. Subject to applicahle law or to a written waiver by lender, Borrower shall pay <br />fa Lender on the-day monthly installments of principal and inlerest are payable under the ~ole, untit the Not.c is paid in fnl.1. <br />a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments whIch may altain Priority over this <br />Deed of Trust, and ground renls on the Property, if any, plus one~twclfth of yearly premium installments for hazard insurance, <br />plus one-twelfth of yearly premium instaliments (or 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 deposits or accounts of which arc insured or guaranteed hy a Federal or <br />state agency (induding Lcnder if Lender is stich an institution). I,coder shall apply the Funds to pay said taxes. ~Issessmcnt~. <br />insurancc premiums and ground rents. Lender may nor charge for so holding and applying the Funds, .an<lIY/ing said account <br />or verifying and compiling said assessments and bills, unless Lender pays Borrower mterest on the ,Fund.. and applicable law <br />permits Lender to make slIch a charge. Borrower and Lender mitY agree in wnting :..It rhe tIme of execulion of this <br />Deed of Trust that interest 011 the Funds shall be paid to Borrower. and unless slIch ~lgrccment is made or applicable law <br />requires slIch interest (0 be paid, lender shall nor be reqUired to pay Borrower ,lilY mleres[ or earnings on the Funds. I.ender <br />shall give to Borrower, without charge, an annual accounting of the Funds shOWing crt"dits and dchils to Ihe Funds and the <br />purpose for which each debit to (he 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 monlhly installments of Fund!> payahle prior to <br />the due dates of taxes, assess~ents, insurance premiums and gr~und rents, shall c;...:ccd the amount rcqlHrcd to pay said ta\~s, <br />assessments, insurance preml\JOlS and ground rents as they lall due, such exce~s shall he. at Borrower's option, cilher <br />promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amotlnt of the Fund.. <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 wlthlO 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 fhe Property IS sold or the Properly IS otherWIse ~cquired by l.ender, Lender <br />shall apply. no later than immediaiely prior to the sale of the Property or its acquisitIOn by Lenuer. ;Jny Funds held by <br />Lender at the time of application as a credit against the sums secured hy this Deed of Trust. <br />3. Application of Payments. Unless applicable law plUvides otherWise, all payments received by l.ender under the <br />Note and paragraphs 1 and 2 hereof shall be applied by Lender first 10 paymen~ o~ amollnts payahle t,) l.ender hy Borrower <br />under paragraph 2 hereof, then to interest payable on the Note. then to (he princIpal of the Note, and then to interesl and <br />principal on any Future Advances. <br />4. Charges; Liens. Borrower shall pay all ta.\CS, assessments and nlhcr charges. fines and ImposItions allributablc t~, <br />the Property which may attain a priority over this Deed of Trusl, and leasehold paymenrs or ground rents, if any, in the <br />manner provided under parat. :-aph 2 hereof or, if not paid in such manner, by Borrower making paymenr, when due, directly <br />to the payee thereof. Borrower shaH promptly furnish to Lender all nOlices of amounts due under this paragraph, and in the <br />event Borrower shall make payment direcily, Borrower shall prompLly furnish to Lender receIpts evidencing such payments. <br />Borrower shall promptly discharge any lien which has priority o\'t.:r this Deed of Trusi; prOVided. (hat Borrower shall not he <br />required to discharge Olny such lien so long as Borrower shall agree in writing to the payment of the ohllgalltln secu~ed ~y <br />such lien in a manner acceptable to Lender, or shall In good faith conlest such Iren by, or defend cnfon':l'nlcnt of stich lien In. <br />legal proceedings which operate to prevent the cnfo:cemen( of the lien or forfeiture of the Property or any part thereof. <br />S. Hazard InsursDce. Borrower shall keep the Improvements now eXisting or hereafter erected on !he ProperlY 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 Lemkr snail not require (hat the amount of <br />suet. coverage exceed that amount of coverage f~qllired to pay the sums secured by this Deed of Trust. <br />'The insurance carrier providing the insurance shall be chosen by Borrower subject rn approval by I ~nder: provldeu. <br />that such approval shall not he unreasonab.y withheld_ All premiums on insurance 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 />All insurance policies and renewals thereof shall be in form a{;(;eptablc In Lemler and shall indude J. standard mortgage <br />clause in favor of and in form acceptable to Lender. Lender shall h:..l\'c the right to hold the policies and n::ncwals thereof. <br />and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paId premium". In the event of Joss, <br />Borrower shall give prompt notice Lo the insurance carner and Lender. Lender may make proof of loss If not made promptly <br />by Borrower. <br />Unless Lender and Borrower otherwise agree in writ mg. insuranl.:c proceeds shall be appltcJ ttl feS{llfalion or repair of <br />the Property damaged, provided such restoration or repair IS t.:~onomh:ally feasihle ;llld the security l,r 1I1lS Deed of Trust i... <br />not thereby impaired. If such restoratIOn or repaIr is ntH c~:onomically feaSible or if the security of thi" Deed of Trust would <br />be impaired, the insurance proceeds shall be applied 10 the surns st:curcd by this Deed or Trust, vd[h the cxct.:ss. jf any, paid <br />to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender \\ithm :1O day~ from thL' <br />date notice is mailed by Lender to Borrower that the lnsuram:c ..:arner offers tLl scule a chum for II1Suratll;l: benefits. Lt:"IH.Jcr <br />is authorized to collect and apply the insurance prol.:ceds at I.ender's option eIther to reswration or repair of the Property <br />or to the sums secured by this Deed of Trust. <br />Unless Lender and Borrower otherwise ugrec HI wfltlllg, any such applH::aLlon 01 pHKt.:eds {lJ print:ipal shall not extcnd <br />or postpone the due dale of the monthly imtallments referred tl' in paragraphs I and 2 hereof or ~'hangc Iht.: amount 01 <br />such installments. If under paragraph I ~ hereof (he Propertv I" <lC4tllfcd by Lcnder, all fight. title and nHert.::-.t L)f BOffowcr <br />in and to any insurance policies and in and to the procecd~ thereof rcsu::ing from damage (0 the Prnpcny prior h' the ,.lll' <br />or acquisition shall pass to Lender to the exlent of the sums secured by this Deco of Trust jmllledi<Jtcl~ pnol 10 such ~ale ,lr <br />acquisition. <br />6. Preservafion and Maintenance of Properly; Lea~eholdsj Condominiums; Planned Unit De....elopmenls. Bornm'CI <br />shall keep the Property In gL)lll! repair and "hall Illlt conH1Hl \\'dstC or pl'llllll imp..llrml'1l1 llr d\..'teri,'rdlll111 ,11" !he Properi.) <br />and shall comply with the provisions 01 any Jca~e if this Deed l)f Trust i.., on a leasehold. II this Deed of' Trust IS on <t unit in.1 <br />condominium or a planned unit development. Borrower shall perlorm all of Borrower's ~lbltgallOlls unoer the declaration <br />or covenants creating or governing the condominium l)f phllmcd un!! development, the by~laws and regulation.. 01 the <br />condominium or planned UllIt development. and constituent documents.. If a conuominium or plannl.'u unit dcvelnprm:nt <br />rider is executed by Borrower and recorded together with this Deed of Trust. the covenanls and agreements oj stlch ridel <br />shall be incorporated into and shall amend and supplement the (o\'ell<lllb alld agrt.:clllcnts of this Deed (11 TrU'~1 ;1.<' if the riLler <br />were a part hereof. <br />7. Protection of Lende~'s Security. It BO,rrov.,'er fads to perform th~ CO\!cnanlS anJ agreement'- (.'ontallll:J in [hi" <br />Deed of Trust, or jf any action or proceedmg l~ commenccd which matcflally afl'ecIs LenJ~r's lJlt~rest in the Property, <br />including, but not limited to, eminent domain, insolvency. code enforcement, or arrangement.'> or pnh.:ceJing:. ill\olvlllg ,I <br />bankrupt or decedent, then Len~er at Lender's option, upon notice, to Horrower, may nl~lke sllch appcar;lnccs. ,Jishur~l: ..,lKh <br />sums and take such action as IS neccssary [0 protect Lcnder.s IntcrCS[, iHcludlOg, hut not lImited Ill. I..hSOlll:'l'll1Cnt 0! <br />reasonable anorney's fees and entry upon ,the Properly 10 make repair:.. If Lender rcquireJ mortgage jn~u~;'lnce ;J~ ;J <br />condition of making the loan secured by thiS Deed of Trusl, Borrower shall pay tht.: premiums rC4uln.:d tt' mallltaul -"ui.:h <br />insurance in effect un-iI such time as the requirement for stich insurani.:c Icrminate~ in Clccordance with BOfflJWcr.... and <br />Lender's wri~ten agreement or applicable Jaw. Borrower shall pay the iJIllounl of all mortgage insurallce pn.:rnjum~ 10 lht.: <br />manner provJded under paragraph 2 hereof. <br />. Any amounts disbursed by Lender pursuant to this p~ragr<lrh 7. v.:jth Interest thereon. "hall becollle adtllti,.ln:d <br />mdebtedness of Borrower secured by this Deed of Trust. Unles~ Borrower and Lender agree 10 01hcr tcum oj paynlcnt. ,>uch <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. anu ~h;d! ht.::..li interc~t fronl Ihe <br />. date of disbursement at the rate payable f,rom time to time on outstanding prin(;ipal under the NOh; unkss rayment. of interest <br />at such rate would be contrary to applicable law, in which event sllch amOUnl~ shall Deal In(i;rc,t al the hlghc:.t ralC <br />permiss.ible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur ali} expense or take <br />any action hereunder, <br />8. Inspection. Lender may make oryause to be made reasonable clltri,cs UP(!1l <lIhlll'i"pC\:tlGlJ:. oi (he Prup-crty, pfl!\ idcd <br />~hat Lc~der shall give Borrower notice pnor to any stll.:h iUfJpectlon specifywg rcasunablc -.:;\u.c ihl'rd,)I H.:LdL'd in I cndcr\ <br />mterest In the ProDCrtV. <br />